Towards the Positivization of the Right to Good Governance in the Canonical Administrative System: Jurisprudential Outcomes Regarding the Law of Religious

Abstract

This article presents a canonical analysis and significance of the doctrinal term “right to good governance”, which has been lucidly formulated by J. Hervada. In the light of the jurisprudence of the Supreme Tribunal of the Apostolic Signatura, the paper seeks to identify the specific legal situations of the consecrated persons who have been involved in the administrative procedures concerning the possible modification or even loss of their personal legal status. The Author finds some of those actions as a possible determination of a new positive right, which could not be simply reduced to an exigency of good administration. Given the evident lack of implicit legislative prevision inherent some personal situation worth of protection, this paper is a doctrinal proposal in order to formulate the importance of laying down the law. Some crucial characteristics of good governance can be given: transparency, legality, equitability, effectiveness and efficiency.