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Rules for Interpreting Administrative Acts Specified in Canon 36 § 1of the 1983 Code of Canon Law
Abstract
In this article, the author focuses on can. 36 § 1 CIC/83, which specifies the rules for interpreting individual administrative acts. The research objectives of the study were related to finding answers to two questions: first, the ratio legis of the solutions adopted in the norm; second, the reasons for the differences in content between can. 36 § 1 CIC/83 and the analogous can. 17 CIC/83 concerning statutes. The author demonstrated that the difference in content between can. 36 § 1 and 17 /83 is caused by the specific nature of individual administrative acts. In his opinion, the ratio legis of the five hypotheses listed in the second part of sentence 36 § 1 CIC/83 concerning strict interpretation results, on the one hand, from the fact that these are acts unfavourable to the addressee of the act or to the community of the faithful (acts concerning disputes, acts relating to the threat of punishment or its imposition, acts restricting the free exercise of rights, act violating someone’s acquired rights), and on the other hand, due to the special value of an act granted in the canonical legal order to an act that violates someone's acquired rights.
Keywords:
canon law, individual administrative acts, strict interpretation, broad interpretationMost read articles by the same author(s)
- Ginter Dzierżon, The Requirement of Promulgation of Non-Legislative Acts in the 1983 Code of Canon Law , Kościół i Prawo: Vol. 13 No. 1 (2024)
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