Patriarchal/ Major Archiepiscopal Ordinary Tribunal as Tribunal of Third and Further Instances

This article is an effort to evaluate the competence and the actual functioning of the patriarchal/ major archiepiscopal ordinary tribunal as third instance tribunal. In that connection, a discussion is made on the necessity of third instance competence for a Church sui iuris to be judicially self-s...

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Bibliographic Details
Main Author: Tharakunnel, Benny (Author)
Format: Print Article
Language:Undetermined language
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Published: Institution of Oriental Canon Law 2015
In: Iustitia
Year: 2015, Volume: 6, Pages: 91-108
IxTheo Classification:SB Catholic Church law
Further subjects:B Procedural law
B Judiciary
B Instance
B Church law
B Eastern Church
B Catholic church Codex canonum ecclesiarum orientalium
Description
Summary:This article is an effort to evaluate the competence and the actual functioning of the patriarchal/ major archiepiscopal ordinary tribunal as third instance tribunal. In that connection, a discussion is made on the necessity of third instance competence for a Church sui iuris to be judicially self-sufficient. The functioning of this tribunal is discussed in comparison with the Roman Rota and other territorial tribunals of third instance in the Latin Church. On the basis of the provision of CCEO the study attempts to identify the possible means at the disposal of this Ordinary Tribunal to ensure just and impartial administration of justice at the third and further levels of appeal. The study also explains the rationale behind the incompetence of this tribunal to deal with some reserved cases and deliberates the competence of Roman Rota vis-à-vis the Ordinary Tribunal as the third instance tribunal.
ISSN:2248-9789
Contains:Enthalten in: Iustitia