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Canon law of the Catholic Church |
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An apostolic constitution (Latin : constitutio apostolica) is the most solemn form of legislation issued by the Pope. [1] [2]
By their nature, apostolic constitutions are addressed to the public. Generic constitutions use the title apostolic constitution and treat on solemn matters of the church, such as the promulgation of laws or definitive teachings. The forms dogmatic constitution and pastoral constitution are titles sometimes used to be more descriptive as to the document's purpose. [3]
Apostolic constitutions are issued as papal bulls because of their solemn, public form. Among types of papal legislation, apostolic letters issued motu proprio are next in solemnity. [1]
The Roman Curia comprises the administrative institutions of the Holy See and the central body through which the affairs of the Roman Catholic Church are conducted. The Roman Curia is the institution which the Roman Pontiff ordinarily makes use of in the exercise of his supreme pastoral office and universal mission in the world: thus curialism refers traditionally to an emphasis on the supreme authority of the Holy See within the Catholic Church. It is at the service of the Pope, successor of Apostle Peter and of the Bishops, successors of the Apostles, according to the modalities that are proper to the nature of each one, fulfilling their function with an evangelical spirit, working for the good and at the service of communion, unity and edification of the Universal Church and attending to the demands of the world in which the Church is called to fulfill its duty and mission.
The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Catholic Church, the Hussite Church, Church of the East, and some Independent Catholic Churches are termed patriarchs.
A prelate is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin praelatus, the past participle of praeferre, which means 'carry before', 'be set above or over' or 'prefer'; hence, a prelate is one set over others.
A papal bull is a type of public decree, letters patent, or charter issued by a pope of the Catholic Church. It is named after the leaden seal (bulla) traditionally appended to authenticate it.
The magisterium of the Catholic Church is the church's authority or office to give authentic interpretation of the word of God, "whether in its written form or in the form of Tradition". According to the 1992 Catechism of the Catholic Church, the task of interpretation is vested uniquely in the Pope and the bishops, though the concept has a complex history of development. Scripture and Tradition "make up a single sacred deposit of the Word of God, which is entrusted to the Church", and the magisterium is not independent of this, since "all that it proposes for belief as being divinely revealed is derived from this single deposit of faith".
Decretals are letters of a pope that formulate decisions in ecclesiastical law of the Catholic Church.
The hierarchy of the Catholic Church consists of its bishops, priests, and deacons. In the ecclesiological sense of the term, "hierarchy" strictly means the "holy ordering" of the church, the Body of Christ, so to respect the diversity of gifts and ministries necessary for genuine unity.
Ad tuendam fidem is an apostolic letter of Pope John Paul II issued motu proprio on May 18, 1998. The apostolic letter modified the Oriental and Latin codes of canon law specifying the form of profession of faith to be made by ministers of the Church before assuming office.
Ecclesiastical letters are publications or announcements of the organs of Roman Catholic ecclesiastical authority, e.g. the synods, but more particularly of pope and bishops, addressed to the faithful in the form of letters.
In the Catholic Church, a bishop is an ordained minister who holds the fullness of the sacrament of holy orders and is responsible for teaching doctrine, governing Catholics in his jurisdiction, sanctifying the world and representing the Church. Catholics trace the origins of the office of bishop to the apostles, who it is believed were endowed with a special charism and office by the Holy Spirit at Pentecost. Catholics believe this special charism and office has been transmitted through an unbroken succession of bishops by the laying on of hands in the sacrament of holy orders.
The Liber Septimus may refer to one of three Catholic canon law collections of quite different value from a legal standpoint which are known by this title.
Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
In the Catholic Church, the Synod of Bishops, considered as an advisory body for the pope, is one of the ways in which the bishops render cooperative assistance to him in exercising his office. It is described in the 1983 Code of Canon Law as "a group of bishops who have been chosen from different regions of the world and meet at fixed times to foster closer unity between the Roman Pontiff and bishops, to assist the Roman Pontiff with their counsel in the preservation and growth of faith and morals and in the observance and strengthening of ecclesiastical discipline, and to consider questions pertaining to the activity of the Church in the world."
The Catholic Church utilizes the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.
The term ratum sed non consummatum or ratum et non consummatum refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimonial celebration takes place (ratification) but the spouses have not yet engaged in intercourse (consummation), then the marriage is said to be a marriage ratum sed non consummatum. The Tribunal of the Roman Rota has exclusive competence to dispense from marriages ratum sed non consummatum, which can only be granted for a "just reason". This process should not be confused with the process for declaring the nullity of marriage, which is treated of in a separate title of the 1983 Code of Canon Law.
In the Catholic Church, collegiality refers to "the Pope governing the Church in collaboration with the bishops of the local Churches, respecting their proper autonomy." In the early church the popes sometimes exercised moral authority rather than administrative power, and that authority was not exercised extremely often; regional churches elected their own bishops, resolved disputes in local synods, and only felt the need to appeal to the Pope under special circumstances.
Promulgation in the Catholic canon law is the publication of a law by which it is made known publicly, and is required by canon law for the law to obtain legal effect. Universal laws are promulgated when they are published in Acta Apostolicae Sedis, and unless specified to the contrary, obtain legal force three months after promulgation. Particular laws are promulgated in various ways but by default take effect one month after promulgation.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
The following outline is provided as an overview of and topical guide to the canon law of the Catholic Church: