La hiérarchie des normes, théorie séculiére oubliée du droit canonique?: Une analyse de l'ordonnancement canonique au regard du système juridique séculier francais
| Main Author: | |
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| Format: | Print Article |
| Language: | French |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2024
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| In: |
Monitor ecclesiasticus
Year: 2021, Volume: 136/137, Pages: 83-116 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Separation of powers
B Hierarchy B Legal system B Legal norm B Appropriateness |
| ISSN: | 0026-976X |
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| Reference: | This study examines the extent ti which the theory of the hierarchy of norms is relevant for the understanding of canon law. In order to address this question, a distinction must be made between a functional and a structural approach to the normative hierarchy. The structural dimension of the hierarchy of norms is specific to the organisation of secular systems. It is a way of limiting and controlling the exercise of supreme authority. The functional approach to the hierarchy of norms also has its limits in canon law: sometimes the legally inferior norm is privileged. In the end, the hierarchy of norms, as it is usually thought of for secular legal systems, seems quite insufficient to describe the organisation of the canonical legal order. In order to think about the coherence of the latter, it is necessary to have recourse to the notion of rationabilitas. On the one hand, it is a condition for the validity of the canonical norm; on the other hand, it is an objective of the canonical system, namely its harmony, coherence, and effectiveness. "" |
| Contains: | Enthalten in: Monitor ecclesiasticus
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