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Table of contents
1. Ecclesiastical law beyond ministerial declensions: the “talent” and the paradox - 2. Partiality and inadequacy of delimitation by material scope. The exemplarity of the “Mauritian case” - 3. To begin ... from the end. The new structure of the Mauritian Order of Turin under further scrutiny by the Constitutional Court: judicial repercussions and overall outcomes - 4. The issue of the spin-off as a central and unresolved junction of the question of constitutional legitimacy: the underestimation of the ecclesiastical relevance of the issue as a flaw in the origin of the Mauritian affair - 5. Reconstructive aspects. The historical-legal antecedent and the pre-Republican affair: the original chivalric Order between religious and dynastic-familial characterization and its return to the sphere of state availability. The roots of the balance between ecclesiastical character and publicization - 6. The republican conformation of the Mauritian Order: a) the ecclesiastical character implicit in the constitutional prerequisites of the new life of the Entity - 7. The republican conformation of the Mauritian Order in early implementation legislation: b) residual ecclesiastical character - 8. The crisis and the normative reconfiguration of the Mauritian Order Entity: the approach of Decree No. 277 of 2004 - 9. The development of regional legislation and the ensuing constitutional litigation (Judgment No. 173/2006) - 10. The critical issues of the reform under the most recent scrutiny of the Constitutional Court (Sent. No. 263/2012): a) the relationship with the constitutional guarantee of permanence - 11. b) the supposed violation of Article 42 Const. and the canon of reasonableness - 12. The Court's arguments between petitions of principle and apparent justifications - 13. In particular, the interpretative ambiguities on the central issue of the question of constitutionality: the objective-material extension of the constitutional guarantee - 14. The terms of the question, the alternatives not considered. The arguments in support of a broad interpretation of the Mauritian Order's guarantee of continued existence... - 15. ...and those in support of a narrow interpretation - 16. The problematic directions of administrative jurisprudence. The interpretation of the 1970s-1990s: a) The rejection of spin-off operations and its initial reasons: formal vs. substantive unity - 17. b) The devaluation of the ecclesiastical matrix of the Mauritian Order and its systemic fallout - 18. The (forgotten) role of Article 20 Const. - 19. The impact of emergency legislation on the specific question of the meaning of the constitutional guarantee and the confirmed devaluation of the ecclesiastical relevance of the Mauritian Order - 20. The Mauritian Order and the 14th disp. trans. and fin. Const. in the recent interpretation of the Constitutional Court: a guarantee (out of context and therefore) simply halved? - 21. The dual direction of devaluation. Profiles of structural incongruity - 22. From devaluation to obliteration of the ecclesiastical character (and religious purpose) of the Mauritian Order - 23. The risk of isolation and the double defeat of scholar of ecclesiastical law. Concluding and (hopefully still) perspective considerations
Abstract
The article analyses the structure of the Mauritian Order in the light of legislative and jurisprudential interventions, criticizing the position of the Constitutional Court, which has denied the ecclesiastical character of the body
Keywords
Mauritian Order; ecclesiastical body; Constitutional Court; article 20 Constitution