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...
| 主要作者: | |
|---|---|
| 格式: | Print Article |
| 語言: | Undetermined language |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| 出版: |
2010
|
| In: |
"Iustitia et iudicium" ; 4
Year: 2010, Pages: 2237-2257 |
| Further subjects: | B
Rekurs
B Verwaltungsrechtsweg B 天主教會 Signatura Apostolica B 行政法庭 B 程序法 B Hierarchischer Rekurs B 職業 B 裁判權 B 行政法 B 行政法院 |
| 總結: | 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
|