Nr. 2/2012SALVATORE PESCE The concept of ecclesiastical cultural property
Nr. 1/2020STEFANIA CAVALIERE State aid and ICI exemption on buildings used by ecclesiastical bodies
ABSTRACT
This article examines the current state of the teaching of constitutional canon law, whose scientific formalization struggles to find its way into the programs of study of ecclesiastical Faculties, as typically the legislation of the Code is presented as an articulation of the Law of the People of God. The bipartite (and prevalent) solution distinguishes the faithful from the ecclesiastical authority. The tripartite solution, on the other hand, makes an ulterior distinction between the universal and particular dimensions in the realm of government. Further criteria of differentiation are simple variations of these same sche- mas (accentuating either the organizational or structural profile). While the lay canonical school is more sensitive to the constitutional perspective, it is not very specialized and is, at times, bound to a positivistic model of the juridical system. The principal deficiency in this matter, then, is linked with the confusion of its object, either by excess (encompassing, for example, canonical conditions or the ecclesiastical organization) or defect (neglec- ting, for example, other constitutional entities and the principles of the system), but above all with the inadequate perception and understanding of the constitutional principle (the graduation and intrinsic hierarchy of canonical juridicity). An epistemologically aware perspective, overcoming a merely exegetical hermeneutic, fosters a global and organic vision of the system, with positive formative and practical consequences.
KEYWORDS
Constitutional Canon Law, teaching and ratio studiorum of canon law, limits of the exegetical method, constitutional principle, hermeneutical-systematic choices.