Independent general administrative norms in documents of the Roman Curia
Independent general administrative norms are rather numerous in documents of the Roman Curia, but their existence is not acknowledged in the Code of Canon Law, and they are scarcely mentioned in the canonical doctrine. This lack of recognition may lead to incorrect assessments of their juridical val...
| Published in: | The jurist |
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| Main Author: | |
| Format: | Electronic/Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
School of Canon Law, The Catholic University of America
[2016]
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| In: |
The jurist
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| Standardized Subjects / Keyword chains: | B
Catholic church, Curia Romana
/ Document
/ Legal norm
/ Legislation
|
| IxTheo Classification: | KDB Roman Catholic Church RB Church office; congregation SB Catholic Church law |
| Further subjects: | B
Catholic church Curia Romana
B Dignitas Connubii B Legislation B Kurienordnung B Catholic church Codex iuris canonici 1983. can. 31-34 B Instruction B Approbation B Promulgation B Decree B Catholic church Codex iuris canonici 1983. can. 33, §1 B Catholic church Kongregation für den Klerus B Administrative law B Potificia comissio codici iuris canonici authentice interpretando |
| Online Access: |
Volltext (doi) |
| Summary: | Independent general administrative norms are rather numerous in documents of the Roman Curia, but their existence is not acknowledged in the Code of Canon Law, and they are scarcely mentioned in the canonical doctrine. This lack of recognition may lead to incorrect assessments of their juridical value by confusing them with laws (leges) or other administrative norms. They are similar to general executory decrees and instructions (cc. 31-34) in that they are norms of executive power, but they are dissimilar because they do not depend on any pre-existing law in need of execution or instruction. This study seeks to assist canonists in accurately categorizing the norms in documents of the Roman Curia and evaluating their juridical weight. It concludes with a proposal for a revision of canons 29-34. |
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| ISSN: | 0022-6858 |
| Contains: | Enthalten in: The jurist
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| Persistent identifiers: | DOI: 10.1353/jur.2016.0005 |