La Motivación del Decreto administrativo Singular En El Derecho Canónico by Estanislao Mazzuchelli Urquijo (review)

book reviews 497 This book contains much wisdom and valuable information—canonical , theological, and historical. The authors present their articles in a scientific manner with extensive footnotes. Experienced canonists and novices will find this book a helpful source of information. Michael Nobel St. Paul University Ottawa, Ontario LA MOTIVACIÓN DEL DECRETOADMINISTRATIVO SINGULAR EN EL DERECHO CANÓNICO by Estanislao Mazzuchelli Urquijo. Thesis ad Doctoratum in Iure Canonico. Roma: Pontificia Universitas Sanctæ Crucis, Facultas Iuris Canonici, 2007. Book I of the Code of Canon Law, General Norms, is of particular importance in the administrative life of the Church. For example, more than simply administrative praxis, the canons assist in the implementation of certain suggestions approved by the 1967 synod of bishops concerning the revision of the code, such as the protection of rights and fostering the pastoral care of souls. While many canons repeat previous norms, and thus, according to canon 6 §2, must be interpreted in light also [etiam] of the canonical tradition, the use of etiam indicates that the canons must take cognizance of developments in the law and certain essential keys to interpretation, such as the conciliar doctrine on the Church (e.g., Sacrae disciplinae leges). This dissertation makes an important contribution to such an analysis of book I of the code. More specifically, as the author states in his Introduction , the text investigates “the motivation of singular administrative acts in canon law,” specifically, canons 51 of the Code of Canon Law (CIC) and canon 1519 §2 of the Code of Canons of the Eastern Churches (CCEO) with analysis of the various implications deriving from such an investigation. These implications include such questions as the description of a decision; the difference between a decision and a provision; the meaning of expressing the motives for the act, at least summarily (CIC c. 51: expressis, saltem summarie . . . motivis; CCEO c. 1519, §2: exprimantur saltem summarie motiva); reasons both for requiring motivation and for the difference between the two codes. [The CCEO allows the motivating reasons to be kept in a secret book, accessible only to the one to whom possible recourse has been made]. Given the recent articulation of such a canonical requirement, the author must emphasize recent developments in the law. The text is divided into six chapters followed by conclusions and bibliography ;thefirstchapterconcernsthereasonsmotivatingthesingularadministrative act in reference to secular law. This chapter establishes the framework for the administrative act in general, using secular law praxis to assist in an analysis of the canonical requirements. In chapter two, the author traces the development of the two canons (CIC 51 and CCEO 1519§2) and the differences between the two codes. In the CCEO canon 1519, §2 occurs in the context of “Art. I, Procedure for Issuing ExtraJudicial Decrees,” whereas such a context is absent from the CIC. Further, the author establishes the distinction between the act in the strict sense (its constitutive elements) and the procedure accompanying the act—its development , notification, and execution. Finally, both the written form and the motivation are considered to be of great importance to the act. In the third chapter, the author analyzes canonical teaching on providing motivation for the singular administrative act and in the fourth chapter does the same in reference to canonical jurisprudence. In examining the decisions and decrees of the Signatura, the author perceives development in the jurisprudence. For example, while no strict requirement for expressing motivation for an administrative act existed prior to the CIC, it was considered necessary by the Second Section of the Signatura.And, importantly, in analyzing one decision (January 20, 1986) the author concludes, “Si en general la falta de motivación es considerada violación de ley in procedendo, la falta de certeza moral es una violación de la ley in decernendo” (p. 181). This chapter was particularly helpful in understanding the more abstract concepts presented elsewhere (as is often the case in interpreting, applying, and even teaching Book I). The fifth chapter examines universal legislation on motivation in the singular administrative act; first, “normas codiciales referidas a determinados actos que deben ser motivados,” such as a decree of expulsion of a religious from the institute; canonical election; transfer, removal, or privation...