From hierarchical recourse to alternative conflict resolution: a blessing or a curse
The 6th and 7th principles for the revision of the CIC dealt with the protection of rights and the elaboration of a procedure of hierarchical recourse and the creation of administrative tribunals. When the CIC was promulgated, the proposed administrative courts were absent. During the revision proce...
| Main Author: | |
|---|---|
| Format: | Print Article |
| Language: | Undetermined language |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Libreria Ed. Vaticana
2010
|
| In: |
"Iustitia et iudicium" ; 4
Year: 2010, Pages: 2237-2257 |
| IxTheo Classification: | SA Church law; state-church law SB Catholic Church law |
| Further subjects: | B
Jurisdiction
B Rekurs B Catholic church Signatura Apostolica B Procedural law B Administrative court B Administrative jurisdiction B Verwaltungsrechtsweg B Hierarchischer Rekurs B Administrative law B Vocation |
| Summary: | The 6th and 7th principles for the revision of the CIC dealt with the protection of rights and the elaboration of a procedure of hierarchical recourse and the creation of administrative tribunals. When the CIC was promulgated, the proposed administrative courts were absent. During the revision process, several projects were launched to better protect the rights in the Church. Some of these processes are called Due Process, inspired by civil law systems. None of these procedures were approved or promoted at the universal level. At most, they were recognised by particular law. While the various initiatives are praiseworthy, it is dangerous to put parallel procedures in place at the level of the particular cchurch without the approval of the competent Roman authority. Hence the paradox: non-approved alternative procedures, while pretending to protect rights, can take rights away! |
|---|---|
| ISBN: | 8820983524 |
| Contains: | Enthalten in: "Iustitia et iudicium" ; 4
|