ADMINISTRATIVE JUSTICE IN THE PARTICULAR CHURCH

被引:0
|
作者
Glyn, Justin S. J. [1 ]
机构
[1] Univ Divin Melbourne, Catholic Theol Coll, Melbourne, Vic, Australia
来源
STUDIA CANONICA | 2020年 / 54卷 / 01期
关键词
D O I
10.2143/STC.54.1.3288468
中图分类号
B9 [宗教];
学科分类号
010107 ;
摘要
This article examines the various categories of administrative acts (focusing on singular administrative acts) as they apply to diocesan decision-making. First, it considers the various classes of administrative acts recognised by canon law and their application to specific diocesan decisions. In doing so, the A. considers the potential overlap between canon law and civil law of contract, especially the incorporation of the latter by cc. 1286 and 1290 and the potential safeguards which this offers to employees (whether or not they are recognised as holding a canonical office). Finally, the A. considers the general administrative procedure in cc. 50 and 51 and the constraints which this places on administrative discretion, noting that the substance of a decision will prevail over the form in determining the nature and effects of an act.
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页码:79 / 89
页数:11
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