Interpretation of a law according to can. 18 CCL (Code of Canon Law) Cover Image

Interpretacja ustawy zgodnie z kan. 18 KPK
Interpretation of a law according to can. 18 CCL (Code of Canon Law)

Author(s): Ginter Dzierżon
Subject(s): Christian Theology and Religion, Canon Law / Church Law
Published by: Warszawska Prowincja Redemptorystów
Keywords: canon law; interpretation; statute;

Summary/Abstract: In the presented study, the author reflects on can. 18 CCL, which contains hypotheses referring to the laws which should be interpreted strictly. Defining strict and broad interpretation and distinguishing these forms from similar ones, i.e. restrictive and broad interpretation, the author presented the doctrine’s standpoint on particular hypotheses. He indicated that the biggest interpretation problems are generated by the third hypothesis concerning an exception from the Act. Despite ambiguous doctrine in this matter, the Author expressed his personal view that the legislator assumes the occurrence of such laws, because in some code regulations he has introduced clauses, „unless the law provides otherwise”; such a character, according to the Author, is also present in extraordinary laws. According to the Author, the principles contained in can. 18 CCL are of auxiliary character. He expressed an opinion that they should be used when the application of grammatical-logical interpretation did not bring the expected result and the name has many meanings.

  • Issue Year: 2021
  • Issue No: 19
  • Page Range: 295-307
  • Page Count: 13
  • Language: Polish