Roman Podoprigora focuses on a key interaction between religion and the state that is characteristic of (but not limited to) administrative law: Freedom of Religion and Belief and Discretionary State Approval of Religious Activity. Discretionary approvals can result in restrictions on registration, juristic personality, worship facilities, tax status, visas, or approval to run schools—to name just a few possibilities. Whereas these approvals may come from different bodies, often at relatively low levels, and may reflect the burdens of overworked bureaucracies rather than intentional discrimination, abuse of discretion in these areas can seriously curtail religious freedom. This is particularly true with respect to the activities of smaller and less popular communities. The author addresses a range of different types of problems: unreasonable delay, denial by inaction, and outright refusals stemming from either express or more frequently undisclosed bias. When such abuse of discretion occurs, it violates not only freedom of religion and belief, but fundamental rule of law values as well. Podoprigora argues it is essential that the discretionary authority of governments that can impede religious activities be wielded on a well-defined and principled basis. This is the only way that freedom of religion and belief can be fully assured.
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