Introductory Stuff Flashcards
Explain the different models of protection of rights.
Hierarchical recourse
Judicial monism
Judicial (dualism) Pluarlism
What is Hierarchical recourse?
Highest authority controls the lower authority.
What is Judicial Monism and Pluralism
Basically judicial branch judges executive
which model of protection of rights does the Church have?
All three or Hierarchical recourse, and Judicial monism/Pluralism
Explain Preventative internal principles
General principles of law
publicity - sharing of info
obligation to give reason for decision.
ombudsperson (see other card)
Explain Preventative external principles
Advice/consultation
approval
permission
what is an ombudsperson
person you go to with complaint, before you go forward with complaint.
Curative internal
Request for reconsideration
hierarchical recourse
How do we understand jurisdiction in latin? (originally)
saying what the law is, or ius dicere
What is an Appellatio extrajudicialis (extra judicial appeal)
appeal made to a tribunal, against a decision made outside a judicial power.
a form of judicial monism
what is the signatura papalis gratiae?
handles those cases against which no further appeal is possible.
what is the signatura papalis justitiae?
acted only from the norm of law.
How did the extrajudicial appeal end?
By Sapienti Consilio in 1908. Administrative decisions can only be appealed to congregations, now dicasteries.
Principle 6 of Code Revision
Power in the Church whether by the Pope or Diocesan bishops is one. Doesn’t mean they can’t be distinguished. Every member of the faithful and beyond must be understood and protected.
Principle 7 of Code Revision
any procedure is to avoid the suspensions of arbitrations, if a right is violated the person should have a right to appeal to higher authority or administrative tribunal. Include rules on the administrative procedure. Nature of cases that can be brought before a administrative tribunal.
