Independent general administrative norms in documents of the Roman Curi

• Autores: John M. Huels
• Localización: The jurist: studies in church law and ministry, ISSN 0022-6858, Vol. 76, Nº. 1, 2016, págs. 85-114
• Idioma: inglés
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• Resumen

  • 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.