Procedimento come principio inespresso. Proceeding as an Unexpressed Principle

This paper discusses the possibility pertaining to the field of a new principle of law theorised, according to the communion ecclesiology issued by the Second Vatican Council. By considering the accurate proceeding disposition, the author accepts that a new principle constitutes necessary rules for the correct functioning of the canon law system and, as such, are inducted from the legal reasoning of those entitled to take legal decisions in the process of applying the law, especially the judiciary. Furthermore, it could constitute an integrative tool of the entire legal system. Such a new principle is understood to be of great value, because of the significant role assigned to principles in the theory of law in general. In every case, a new principle evokes by, and alludes to, values that govern the entire canon law science.

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Publication Details

Journal
The Person and the Challenges The Journal of Theology Education Canon Law and Social Studies Inspired by Pope John Paul II
Published
2024-09-16
DOI
https://doi.org/10.15633/pch.14204
Primary Topic
Legal processes and jurisprudence
Type
article
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article

Procedimento come principio inespresso. Proceeding as an Unexpressed Principle

Przemysław Michowicz
The Person and the Challenges The Journal of Theology Education Canon Law and Social Studies Inspired by Pope John Paul II
Legal processes and jurisprudence
article

Procedimento come principio inespresso. Proceeding as an Unexpressed Principle

Przemysław Michowicz
article en

Abstract

This paper discusses the possibility pertaining to the field of a new principle of law theorised, according to the communion ecclesiology issued by the Second Vatican Council. By considering the accurate proceeding disposition, the author accepts that a new principle constitutes necessary rules for the correct functioning of the canon law system and, as such, are inducted from the legal reasoning of those entitled to take legal decisions in the process of applying the law, especially the judiciary. Furthermore, it could constitute an integrative tool of the entire legal system. Such a new principle is understood to be of great value, because of the significant role assigned to principles in the theory of law in general. In every case, a new principle evokes by, and alludes to, values that govern the entire canon law science.

The Person and the Challenges The Journal of Theology Education Canon Law and Social Studies Inspired by Pope John Paul IIVol. 14(2)
Pontifical University of John Paul II in Kraków (PL)
Openalex Percentile: Top 68%
Legal processes and jurisprudence
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Procedimento come principio inespresso. Proceeding as an Unexpressed Principle — Przemysław Michowicz · The Person and the Challenges The Journal of Theology Education Canon Law and Social Studies Inspired by Pope John Paul II (2024) | TGRS Research Map | TGRS