Church law
A church law is a source of canon law . Just like a state law , it is a general, abstract norm. For canon law , Thomas Aquinas defined the law as an arrangement of reason promulgated for the common good by whoever exercises the rightful power .
From this follow various beings of the law, which concern both its internal and its external nature.
First of all, the law must be a binding norm. Mandatory here means that compliance with the law can be enforced through a sanction if necessary .
Another criterion is the reasonableness of the law. Thomas Aquinas hereby referred to the participation of human law in divine reason, which is a prerequisite for the binding effect of the law. Also, from the point of view of reasonableness, it can be demanded that church law is understandable and can be followed. The problem is whether the concept of law also includes the reception of church law by the people of God.
Externally, the nature of the law requires that it has been enacted by the competent legislature. It must also be promulgated in the prescribed manner . After all, the law must address itself to a legal community . According to Klaus Mörsdorf, this is the case with a community or a majority of people whose relationships are in the interest of the common good to be permanently regulated.
Switzerland
In Switzerland, church laws are the (state) laws of the cantons that regulate the relationship between the state (canton) and regional churches (Reformed, Catholic, Christian Catholic) - sometimes also the Jewish communities. The cantons of Zurich , Bern , Basel-Stadt and Basel-Landschaft know laws with this name .
See also
literature
- Richard Puza : Catholic canon law. 2nd edition, Heidelberg 1993.
Individual evidence
- ^ Church law of July 9, 2007 (with amendments).
- ^ Church law of May 6, 1945 (with amendments).
- ^ Church law of November 8, 1973 (with amendments).
- ^ Church law of April 3, 1950 (with amendments).
