Sobre el recto ejercicio de la potestad de la curia romana

Antonio Viana

doi:10.15581/016.51.2572

Antonio Viana e-mail

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Published: Nov 1, 2011

DOI: https://doi.org/10.15581/016.51.2572

How to Cite

Viana, A. (2011). On the proper exercise of power by the Roman Curia. Ius Canonicum, 51(102), 531-545. https://doi.org/10.15581/016.51.2572

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Antonio Viana e-mail

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Universidad de Navarra.

Abstract

138

This paper is primarily concerned with two issues that arose in relation to the recent exercise of normative power by the Roman Curia. The first issue relates to the normative activity of the Congregation for the Doctrine of Faith; the conclusion reached is that the process of clarification, publication and procedural control in the normative activity of this dicastery of the Roman Curia is not yet fully complete. The second question involves a discussion of the “instructions” issued by Pontifical Councils of the Roman Curia, which have given rise to a deviation from the provisions set out in the 1983 Code of Canon Law. The conclusion in this regard is that the normative activity of the dicasteries of the Roman Curia must always be guided by systematic criteria of legality, which facilitate good governance and preclude the simple accumulation of specific norms to meet the pragmatic interest of the authority in different circumstances.

Keywords

norms of the Roman Curia, legality, instruction, vicarious power, Congregation for the Doctrine of Faith

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Vol 51 No 102 (2011)

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