Canonical election

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A canonical election, in the canon law of the Latin Church of the Catholic Church, is the designation of a suitable candidate to a vacant ecclesiastical office by a vote of a collegial body. [1] One example for a canonical election would be the election of a pope by the cardinals in the conclave.

Catholic Church Largest Christian church, led by the Bishop of Rome

The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with approximately 1.3 billion baptised Catholics worldwide as of 2017. As the world's oldest continuously functioning international institution, it has played a prominent role in the history and development of Western civilisation. The church is headed by the Bishop of Rome, known as the pope. Its central administration, the Holy See, is in the Vatican City, an enclave within the city of Rome in Italy.

Papal conclave Roman Catholic papal election

A papal conclave is a meeting of the College of Cardinals convened to elect a Bishop of Rome, also known as the pope. The pope is considered by Roman Catholics to be the apostolic successor of Saint Peter and earthly head of the Roman Catholic Church.

Usually confirmation of the election by a competent authority is required. [1] The competent authority cannot withhold confirmation if the designated candidate is canonically suitable for the office and the election has been conducted validly. [1]

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Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.

Valid but illicit and valid but illegal are descriptions applied in Catholic Church to an unauthorized celebration of a sacrament or an improperly placed juridic act that nevertheless has effect. Validity is presumed whenever an act is placed "by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act".

Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church. A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened.

In canon law the confirmation of a bishop is the act by which the election of a new bishop receives the assent of the proper ecclesiastical authority.

Apostolic Signatura tribunal of the Roman Curia

The Supreme Tribunal of the Apostolic Signatura is the highest judicial authority in the Catholic Church. In addition, it oversees the administration of justice in the church.

The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.

Derogation is the partial suppression of a law, as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. The term is used in canon law, civil law, and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e. a subsequent law imparts the abolition of a previous one.

Confirmation in the Catholic Church Catholic sacrament

Confirmation or Chrismation is one of the seven sacraments of the Catholic Church. It is also one of the three sacraments of initiation into the Catholic Church, the other two being Baptism and Holy Communion.

In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority as defined in Canon Law.

Dimissorial letters are testimonial letters given by a bishop or by a competent religious superior to his subjects in order that they may be ordained by another bishop. Such letters testify that the subject has all the qualities demanded by canon law for the reception of the order in question, and request the bishop to whom they are addressed to ordain him.

The appointment of bishops in the Catholic Church is a complicated process. Outgoing bishops, neighbouring bishops, the faithful, the apostolic nuncio, various members of the Roman Curia, and the pope all have a role in the selection. The exact process varies based upon a number of factors, including whether the bishop is from the Latin Church or one of the Eastern Catholic Churches, the geographic location of the diocese, what office the candidate is being chosen to fill, and whether the candidate has previously been ordained to the episcopate.

Canonical provision is a term of the canon law of the Catholic Church, signifying regular induction into a benefice.

Vacatio legis is a technical term in both Catholic canon law and civil law which refers to the period between the promulgation of a law and the time the law takes legal effect.

In the canon law of the Catholic Church, a person is a subject of certain legal rights and obligations. Persons may be distinguished between physical and juridic persons. Juridic persons may be distinguished as collegial or non-collegial, and public or private juridic persons. The Holy See and the Catholic Church as such are not juridic persons, since juridic persons are created by ecclesiastical law. Rather, they are moral persons by divine law.

Promulgation in the canon law of the Catholic Church 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.

For the treatise on time written by Bede the Venerable, see The Reckoning of Time.

In the canon law of the Catholic Church, obrogation is the enacting of a contrary law that is a revocation of a previous law. It may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one.

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 Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.

For a look at Presumption in other jurisdictions, see Presumption.

The philosophy, theology, and fundamental theory of canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".

References

  1. 1 2 3 Fernando della Rocca, "Manual of Canon Law", pg. 170 (§79)

Bibliography

  1. Fernando della Rocca, "Manual of Canon Law" (Milwaukee: The Bruce Publishing Company, 1959).