Oltre i confini del separatismo: la vitalità della legislazione concordataria portoricana secondo la giurisprudenza della Corte Suprema degli Stati Uniti

Abstract

Abstract: This article analyzes the cases of the Supreme Court of America concerning the special ecclesiastical regime of Puerto Rico, whose singularity is linked to the genesis of that State, which remained the domain of the Crown of Spain until the end of the Spanish-American War of 1898. The investigation presents the jurisprudential precedents concerning, in the first place, the question of the survival of the concordat provisions in force at the time of the annexation of the island, as a result of the reference contained in the Treaty of Peace of Paris of 1898 and, secondly, the special statute that these provisions recognize to the Catholic Church, allowing it to escape the common rules made available to any other religious association, and based in Puerto Rico by the General Corporation Act.