Published: 2007-06-30

The A uthentic Interpretation of Church Law

Ginter Dzierżon
Seminare. Learned Investigations
Section: Theology
https://doi.org/10.21852/sem.2007.24.16

Abstract

In this study the Author has focused his attention on the detailed analysis of the situations contained in the. can. 16 §§ 1–3 CIC, or on the question of the subjects empowered to carry out the authentic interpretation according to the law and on the retroactive or otherwise effects of its individual forms, as well as on the problem of the relevance of the interpretation made according to judicial sentence or of administrative act. From the analysis carried out it appears that the specific form of the interpretation depends above all on its author. In accordance with the fundamental principles of the canonical order, authentic interpretation belongs exclusively to the legislator or to whomever the legislator has delegated it. In principle, this interpretation has the force of law. On the other hand, the interpretation made in the form of a judicial sentence or an administrative act is not recognized as an authentic interpretation. However, it could have this value in the case of the decision issued by the legislator himself.

Keywords:

interpretation, law, authentic

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Citation rules

Dzierżon, G. (2007). The A uthentic Interpretation of Church Law. Seminare. Learned Investigations, 24, 191–204. https://doi.org/10.21852/sem.2007.24.16

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