The Complexity of the Concept of Rules of Order in the Canonical Legal Order in the Light of the Definition Contained in Can. 95 § 1 of the 1983 Code of Canon Law

Abstract

In the presented study, its title was not determined apriori by the Author. On the one hand, having regard to the postulate of one of the consultants taking part in the work of codification, according to which the future regulation should contain a definition of the rules of order and determine their value in the canonical legal order, and on the other hand, by examining the components of the definition contained in can. 95 § 1 and side issues connected with this category of acts (rules of order and statutes), he demonstrated that the canonical concept of the rules of order has a complex character, going beyond the framework of the definition. In the canonical legal order there are not only rules within the meaning of can. 95 § 1, but also terms of conditions.

He also pointed out that the current regulation does not refer to the issue of the value of the rules of order. In the Author’s opinion, such situation results from the fact that the concept of order regulations is too complex (laws, administrative acts) to be included in the form of norm of general character. According to the Author, this state of affairs is further complicated by the fact that in the canonical system there function also rules of order of meetings of informal groups, the binding force of which has only a moral character.