Requisitos y defectos de la motivación de la sentencia canónica

In every legal system, the exercise of the right to due process for conflict resolution is a necessary requirement to obtain a solution in accordance with the law. The natural outcome of the judicial process is articulated in the ruling issued in the judgment. The importance of reasoning lies in the logical argumentation that justifies the judge’s decision both to the parties involved and to society as a whole. This paper aims to highlight the commanding force and significance that reasoning holds in canon law, as it does in other legal systems. Its legal protection under penalty of nullity demonstrates its status as an essential requirement for the fair application of the law. Delving into its requirements and exposing its flaws or deficiencies enable an exploration of both the theoretical and practical aspects of law; legislation and judicial practice constitute two fundamental pillars for the progressive enhancement of the quality of decision justification as a guarantee of justice.

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Publication Details

Journal
Ius Canonicum
Published
2025-04-11
DOI
https://doi.org/10.15581/016.129.004
Primary Topic
Theology and Canon Law Studies
Type
article
Field-Weighted Citation Impact
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article

Requisitos y defectos de la motivación de la sentencia canónica

Felipe Heredia-Esteban
Ius Canonicum
Theology and Canon Law Studies
article

Requisitos y defectos de la motivación de la sentencia canónica

Felipe Heredia-Esteban
article en

Abstract

In every legal system, the exercise of the right to due process for conflict resolution is a necessary requirement to obtain a solution in accordance with the law. The natural outcome of the judicial process is articulated in the ruling issued in the judgment. The importance of reasoning lies in the logical argumentation that justifies the judge’s decision both to the parties involved and to society as a whole. This paper aims to highlight the commanding force and significance that reasoning holds in canon law, as it does in other legal systems. Its legal protection under penalty of nullity demonstrates its status as an essential requirement for the fair application of the law. Delving into its requirements and exposing its flaws or deficiencies enable an exploration of both the theoretical and practical aspects of law; legislation and judicial practice constitute two fundamental pillars for the progressive enhancement of the quality of decision justification as a guarantee of justice.

Ius CanonicumVol. 65(129)
Tribunal Electoral del Estado de México (MX)
Openalex Percentile: Top 94%
Theology and Canon Law Studies
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