Zasady interpretacyjne w odniesieniu do władzy wykonawczej (kan. 138 KPK)
Interpretative principles with to executive power (can. 138 CIC)

Summary/Abstract: In the presented article, the author focused his attention on the interpretation of can. 138 CIC. He proved that the interpretative rules included in this act are of an ancillary nature. Liberal interpretation should be applied in any case both executive and delegated power. According to the author, this solution results from the fact that executive power, is subordinate to a given community. By means of delegation of power a person gains competence to act within a certain scope. In other cases, i.e. with reference to power delegated for a single act and also power sub – delegated for a single or for all cases, strict interpretation should be used. Th e reason for applying this kind of interpretation is the fact that the aforementioned types of power are of a limited nature. Exercising these powers does not involve discretionariness. According to the author, the auxiliary rule expressed in the second sentence of can. 138 CIC is a logical consequence of the principles included in the fi rst sentence of the very same regulation. It is of a rather pragmatic nature since it makes it possible for delegate to posses certain power.

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