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In law, motu proprio (Latin for: "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept.
In Catholic canon law, it refers to a document issued by the pope on his own initiative and personally signed by him.Such a document may be addressed to the whole Church, to part of it, or to some individuals. A document issued motu proprio has its legal effect even if the reasons given for its issuance are found to be false or fraudulent, a fact which would normally render the document invalid. Its validity is based on its issuance by the pope by his own initiative, not upon the reasons alleged.
The first motu proprio was promulgated by Pope Innocent VIII in 1484. It continues to be a common form of papal rescript, especially when establishing institutions, making minor changes to law or procedure, and when granting favours to persons or institutions.
An important effect of the issue of a document in this way is that a rescript containing the clause motu proprio is valid and produces its effect even in cases where fraud would ordinarily have vitiated the document, since the Pope does not rely on the reasons alleged when he grants a favour.Withholding of the truth in what, according to canonical law, style and practice, must for validity be expressed, normally renders a rescript invalid, but not if the rescript is issued motu proprio. Consequently, canonists traditionally called the clause the "mother of repose". The designation motu proprio indicates that the validity of the document is independent of the validity of whatever reasons may have been adduced in a request for its issuance.
However, a motu proprio has no effect in so far as it harms the acquired right of another or is contrary to a lawor approved custom, unless it expressly states that it is derogating from these matters.
A motu proprio rescript begins by giving the reasons for issuing it, and then indicates the law or regulation made or the favour granted. It is less formal than a constitution and carries no papal seal. Its content may be instructional (e.g., on the use of chant), administrative (e.g., concerning a church law or the establishment of a commission), or merely to confer a special favour.
More generically, this phrase (or proprio motu; Latin allows free word order) is used to indicate an act taken by a court without a motion from a party to the case. The term is used very rarely in legal opinions in the United States, where sua sponte is preferred, but proprio motu is used in Canada.Proprio motu is used to refer to a decision by the Prosecutor of the International Criminal Court to initiate an investigation into a situation without a referral from the Security Council or a State Party; this power is granted by article 15(1) of the Rome Statute.
As it relates to a monarch, the term motu proprio describes the condition of a royal decree being made expressly on the sovereign's initiative, a practice more usual in some nations than in others.
Relating to Orders of Chivalry, like the Order of Malta, the Grand Master according to the statutes can confer the order motu proprio, instead of in response to a nomination by a national delegation.
Traditionalist Catholicism is a set of religious beliefs and practices comprising customs, traditions, liturgical forms, public and private, individual and collective devotions, and presentations of Catholic Church teachings that were in vogue in the decades that immediately preceded the Second Vatican Council (1962–65). It is associated in particular with attachment to the 1570–1970 form of the Roman Rite Mass, which traditionalist Catholics call the Traditional Latin Mass or TLM or the Extraordinary Form of the Mass.
In the canon law of the Catholic Church, the loss of the clerical state is the removal of a bishop, priest or deacon from the status of being a member of the clergy.
Sede vacante is a term for the state of an episcopal see while without a bishop. In the canon law of the Catholic Church, the term is used to refer to the vacancy of any see of a particular church, but it comes into especially wide journalistic use when the see is that of the papacy.
A papal renunciation occurs when the reigning pope of the Catholic Church voluntarily steps down from his position. As the reign of the pope has conventionally been from election until death, papal renunciation is an uncommon event. Before the 21st century, only five popes unambiguously resigned with historical certainty, all between the 10th and 15th centuries. Additionally, there are disputed claims of four popes having resigned, dating from the 3rd to the 11th centuries; a fifth disputed case may have involved an antipope.
An apostolic constitution is the most solemn form of legislation issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the Roman Catholic Church received from Roman law.
Ecclesia Dei is the document Pope John Paul II issued on 2 July 1988 in reaction to the Ecône Consecrations, despite an express prohibition by the Holy See. It said that the two consecrating bishops and the four priests they consecrated were excommunicated. John Paul called for unity and established the Pontifical Commission Ecclesia Dei to foster a dialog with those associated with the consecrations who hoped to maintain both loyalty to the papacy and their attachment to traditional liturgical forms.
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.
Papal rescripts are responses of the pope or a Congregation of the Roman Curia, in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice under canon law, e. g. the interpretation of a law, the appointment of a judge.
Universal indult is a term that was used primarily by traditionalist Catholics in a very specific sense. Since an indult signifies a favour granted to an individual or limited group, a similar measure applied to every member of a particular class of persons would in reality be a change of the law, not an indult. However, in spite of its self-contradictory character, traditionalist Catholics used the term "universal indult" to refer to a general permission that they hoped the Pope would grant to all Catholic priests who celebrate Mass in the Roman Rite to do so in its Tridentine Mass form even publicly without first obtaining a specific indult or permission. Groups such as the Priestly Fraternity of St. Peter have standing specific indults to say the Tridentine Mass.
A formal act of defection from the Catholic Church was an externally provable juridic act of departure from the Catholic Church, which was recognized from 1983 to 2010 in the Code of Canon Law as having certain juridical effects enumerated in canons 1086, 1117, and 1124. The concept of "formal" act of defection was narrower than that of "notorious" defection recognized in the 1917 Code of Canon Law and still narrower than the concept of "de facto" defection. In 2006, the Pontifical Council for Legislative Texts specified in what a formal act of defection from the Catholic Church consisted. In 2009, all mention of a formal act of defection from the Catholic Church and of any juridical effects deriving from it was removed from the Code.
Summorum Pontificum is an apostolic letter of Pope Benedict XVI, issued in July 2007, which specifies the circumstances in which priests of the Latin Church may celebrate Mass according to what he calls the "Missal promulgated by Blessed John XXIII in 1962", and administer most of the sacraments in the form used before the liturgical reforms that followed the Second Vatican Council.
A Catholic funeral is carried out in accordance with the prescribed rites of the Catholic Church. Such funerals are referred to in Catholic canon law as "ecclesiastical funerals" and are dealt with in canons 1176–1185 of the Code of Canon Law, and in canons 874–879 of the Code of Canons of the Eastern Churches. In Catholic funerals, the Church "seeks spiritual support for the deceased, honors their bodies, and at the same time brings the solace of hope to the living." The Second Vatican Council in its Constitution on the LIturgy decreed: "The rite for the burial of the dead should express more clearly the paschal character of Christian death, and should correspond more closely to the circumstances and traditions found in various regions."
The Acts of Roman Congregations is a term of the canon law of the Roman Catholic Church, used to designate the documents issued by the Roman Congregations, in virtue of powers conferred on them by the Roman Pontiff.
The 1917 Code of Canon Law, also referred to as the Pio-Benedictine Code, was the first official comprehensive codification of Latin canon law. It was promulgated on 27 May 1917 and took legal effect on 19 May 1918. It was in force until the 1983 Code of Canon Law took legal effect and abrogated it on 27 November 1983. It has been described as "the greatest revolution in canon law since the time of Gratian".
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 sui iuris of the Catholic Church. It 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, promulgated by Benedict XV on 27 May 1917.
Omnium in mentem is the incipit of a motu proprio of 26 October 2009, published on 15 December of the same year, by which Pope Benedict XVI modified five canons of the 1983 Code of Canon Law, two concerning the sacrament of holy orders, the other three being related to the sacrament of marriage.
The matrimonial nullity trial reforms of Pope Francis are the reforms of Catholic canon law governing such trials, made public 8 September 2015. The reforms were effected by two separate apostolic letters from Pope Francis, the motu proprio Mitis iudex dominus Iesus amending the 1983 Code of Canon Law, and the motu proprio Mitis et misericors Iesus amending the Code of Canons of the Eastern Churches. This was in response to the Bishops who, during the Synod on the Family of 5-9 October 2014, called for simplification of the procedure whereby a legally invalid marriage is declared null.
A decree is, in a general sense, an order or law made by a superior authority for the direction of others. In the usage of the canon law of the Catholic Church, it has various meanings. Any papal Bull, Brief, or Motu Proprio is a decree inasmuch as these documents are legislative acts of the Pope. In this sense the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province, and also each diocese may issue decrees in their periodical synods within their sphere of authority.
Oriental canon law is the law of the 23 Catholic sui juris (autonomous) particular churches of the Eastern Catholic tradition. Oriental canon law includes both the common tradition among all Eastern Catholic Churches, now chiefly contained in the Code of Canons of the Eastern Churches, as well as to the particular law proper to each individual sui juris particular Eastern Catholic Church. Oriental canon law is distinguished from Latin canon law, which developed along a separate line in the remnants of the Western Roman Empire, and is now chiefly codified in the 1983 Code of Canon Law.
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.
where the Crown attempts to tender a statement without first requesting a trial within the trial, the Court must order it proprio motu.