Requirement of preserve the technical-juridical rigour in the exercise of legislative power in the particular Church. Selected items

Abstract

One of the aspects of authority of the diocesan bishop is to exercise legislative power through the issuing normative acts – legislative decrees and executory decrees governing the legal provisions of the Laws. Congregation for the Bishops in the Directory from 2004 Apostolorum successores, has defined general guidelines which should be complied with drafting normative acts. Also in working documents of II Polish Plenary Council, the Synod Fathers, drew attention to the fact, that all particular Laws should be drafted correctly in terms of the substance and the procedural. But until now, did not determined the specific requirements which should be guided by the diocesan bishop. Consequently, the Author in the article proposes to reach for a current and adopted legislative directives, developed on the basis of state law, however, according with the vocation and mission of the Church, which would serve the particular legislator, pointing him how to solve common problems of legislative. One of them seems appropriate to try to adapt it to the requirements of ecclesiastical legislator, it contains five types of criterion of division directives and it is as follows: 1) language; 2) the uniformity and completeness; 3) systematics; 4) the addressee; 5) the form of regulation.