VirgilCaine said:
This assumes churches are in subordinate positions to governments--unlikely.
Why, in a typical D&D world, it would be far more unlikely that the government will be subordinate to a religious order.
While historically in the European model D&D is loosely based on, one church had power over soveriegns and could dictate things across the known world, with the polytheistic model of the typical D&D setting that isn't gong to happen.
Take the three classic D&D worlds: Greyhawk, Forgotten Realms and Dragonlance. In each one you've got a pantheon of deities, sometimes large, of widely varied alignments, with no one god being supreme over others. Some are more popular and publically accepted, but even a few of the more malevolent (i.e evil) ones have followers in upstanding society (Wee Jas and Nuitari come to might right offhand). You've got a large number of religions, with completely separate heirarchies and clergy, different dogmas, widely different alignments, and each one wanting the ear of the King. In various places one church might be more influential and predominant, but so strong that the crown itself is subordinate? I don't recall that happening in any but the rarest cases in published settings.
When a Paladin tries to use his divine authority as some replacement for a rightful and legal pronouncement of sentence, that's really pushing the "lawful" aspect of their alignment. Especially since Paladins aren't automatically a part of a church heirarchy, they are chosen by their deity, not by their deity's priesthood. Characters don't go around with their class on a convenient nametag or have an ID card with their name, class and level to present. Somebody claiming to be a Paladin can't just instantly flash a badge and make it known.