Prospettive epistemologiche per un rinnovato approccio al diritto amministrativo canonico
Canonical Administrative Law is very fragmented nowadays mainly due to its references to theorisation in the civil sphere (in the area of state and suprastate) making it essential to state clearly which line of understanding should be followed: the dominant, state form (judicial) or the innovative,...
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| Format: | Article |
| Language: | Italian |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5920655 |
| Source: | Anuario de derecho canónico : revista de la Facultad de Derecho Canónico integrada en la UCV, ISSN 2254-5093, Nº. 6, 2017, pags. 89-118 |
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| Summary: |
Canonical Administrative Law is very fragmented nowadays mainly
due to its references to theorisation in the civil sphere (in the area of state and
suprastate) making it essential to state clearly which line of understanding should
be followed: the dominant, state form (judicial) or the innovative, suprastate
form (regulatory)?
The epistemological alternative, imposed primarily on users of the material,
continues to be the same one as always: a deductive approach based on the final
results of relational events (= the Court that applies the Law) or an inductive
approach organised around the activity of the Clergy, which works to achieve
the objectives that the law (only) sets out to govern. The new approach is also
undoubtedly in tune with developing trends in the basic principles of Italian and
German civil administrative law. |
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