Prawo kanoniczne a państwowy porządek prawny
Date
1985
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Canon law and the public legal order
Abstract
A question of position of canon law of the Catholic Church in the People's
Poland constitutional law is discussed in the article. The theoretical and practical
impact of that issue is effected by the role and function of the Catholic Church
in social and political life of the country. The study concerning Polish matters
is preceeded by the synthetic presentation of the system of relations between
canon law and constitutional law observed in the system of connection of State
and Church and in the system of separation of Church and State. This can ensure
a better presentation of Polish aspects of the issue and facilitate explanation and
understanding of discrepancies caused by it.
The article dwells on a problem of legal grounds of legislative autonomy of
the Catholic Church in the People's Poland. It is derived by the author from
the constitutionally guaranteed freedom of performing religious functions and
from the principle of separation of State and Church. The author focuses on the
character and scope of the autonomy. He discusses a question whether the said
autonomy is of an original character — independent from acts of State or is it
of a derivative character effected by the positive acts of State. The conflicts
between Church and State authorities on delimiting the autonomy of the Catholic
Church are also presented. Much attention is being paid by the author to explaining
a problem of effectiveness of norms of canon law in the public legal order.
A principle of the interindependenee of canon and public law norms is precised
on the grounds of practical examples. At the same time the author indicates at
the importance of knowledge of canon norms for legislative organs regulating the
legal situation of the Catholic Church and also deciding issues of citizens' duties.
Description
Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 3, s. 1-21