The Bishop's Authority: Changing Canon Law?

Diocesan bishops are responsible for the spiritual and pastoral governance of their diocese, and they exercise this power in their own name and in the name of Christ. They are considered successors to the Apostles, and their authority is derived from the Second Vatican Council. The power of a bishop is considered ordinary, as it is vested in them by their office and not by delegation. While bishops have the power to make decisions and introduce legislation, they are subordinate to the Pope, who is the only one with the authority to change the Code of Canon Law. In certain circumstances, a bishop may temporarily suspend a canon with the consent of the majority of the Sacred College of Bishops.

Pope Francis can change the Code of Canon Law

Only the Pope has the power to change the Code of Canon Law. Pope Francis has made several changes to the Code of Canon Law during his tenure. Notably, in 2021, he introduced the new Book VI of the Code of Canon Law, which contains the Church's universal penal law. This was a significant event in the history of the Church as it was the first time an entire book of the Church's codified universal law had been replaced at once.

Pope Francis has also made changes to the procedures for matrimonial nullity, transferring some powers of the Apostolic See to bishops. He has published several motu proprio documents, which are issued by the Pope "on his own impulse" and not at the request of an office of the Roman Curia. These documents have aimed to achieve healthy "decentralization" within the Catholic Church. For example, the motu proprio 'Magnum principium' established that translations of liturgical texts approved by national episcopal conferences should be confirmed by the Apostolic See but not revised.

In addition, Pope Francis has made changes to the legal procedure required in marriage-nullity cases, with his motu proprio 'Mitis Iudex Dominus Jesus' making substantial changes to Book VII of the Code of Canon Law. These changes took effect on December 8, 2015.

The Pope may change the Code of Canon Law to resolve ambiguities or replace problematic laws. These changes are always made public, along with explanations for why they are necessary. While civil legislatures change laws frequently, the Pope does not alter the Code of Canon Law at such a rapid pace.

Diocesan Bishops are subject to Canon Law

The office of bishop originates from divine institution and confers the power to teach, govern, and sanctify. Bishops are successors to the apostles and pastors in the Church. They are elected according to the needs of the Church and at the will of its governing bodies, which include the Presiding Bishop, the Board of Directors, and the Holy Synod. Diocesan bishops, in particular, have the ordinary, proper, and immediate power to exercise their office, with jurisdiction vested in them by reason of their position.

Diocesan bishops play a crucial role in the legislative function of the Church. They have the power to propose particular norms and laws for their territory, complementing the common law and adapting its provisions to meet the specific needs and circumstances of their diocese. This legislative power is derived from the diocesan bishop's unique participation in the inner mystery of the Church.

Additionally, diocesan bishops are responsible for evaluating candidates for ordination to the priesthood, in consultation with the Vocations Director. They assess whether candidates meet the minimum criteria, which include sufficient knowledge in theology, Scripture, liturgics, homiletics, and Canon Law, as well as a minimum age requirement of 25 years and six months of service as a deacon. The bishop's findings are then passed on to the Board of Directors and Presiding Bishop for final approval.

Finally, canon law also outlines specific requests for diocesan bishops, such as the expectation to tender their resignation upon completing their 75th year or in cases of ill health or other grave causes. These resignations are then offered to the supreme pontiff for acceptance.

Bishops must be experts in Canon Law

Canon Law outlines the requirements for becoming a bishop, and the rights and duties of bishops. For instance, a candidate for bishop must be at least 35 years old, ordained to the priesthood for a minimum of five years, and be well-regarded for their faith, morals, prudence, and wisdom, among other qualities. Importantly, they must also possess a doctorate or licentiate in scripture, theology or canon law, or be experts in these fields. This requirement underscores the necessity for bishops to have a deep understanding of religious doctrine and law.

The role of a bishop is significant within the Church. Diocesan bishops, for example, possess "ordinary, proper, and immediate power" in exercising their office. Their jurisdiction is considered ordinary because it is vested in them by their office and not delegated from another authority. It is deemed proper as they exercise it in their own name and not vicariously. The power is also immediate because it is directed toward everyone in the diocese without the mediation of another individual. This description of a diocesan bishop's authority demonstrates the extensive reach and influence they hold within their diocese.

The Reformed Catholic Church's Code of Canon Law further emphasizes the importance of expertise in theology, Scripture, liturgy, and Canon Law for those seeking the office of Bishop. The evaluation of candidates' qualifications includes an examination by the Presiding Bishop and Board of Directors. This process ensures that those elected to the position of Bishop possess the requisite knowledge and experience in these critical areas of ecclesiastical leadership.

While Canon Law provides a framework for the governance of the Church, it is not immutable. In specific circumstances, the Church may need to act in the best interests of its congregation, even if it means temporarily setting aside certain Canon Law norms. This exception is known as the ancient dictum of ecclesia supplet ("the church supplies"). However, such an action requires the consent of the majority of the Sacred College of Bishops and can only be invoked once per year, highlighting the delicate balance between the Church's needs and the consistency of Canon Law.

Bishops can suspend a canon

The bishop, as the spiritual father of a diocese, is responsible for the decisions he makes, answering primarily to God. In this paternal role, the bishop must show himself to be concerned for all the Christian faithful under his care. The bishop, with few exceptions, has all the power necessary to carry out his pastoral duties. He is also the director of the entire liturgical life of the diocese.

In the late 1570s, Milan, Italy, was struck by the plague. The archbishop, St. Charles Borromeo, closed the city's churches to prevent further spread. Recognizing the obligation to care for the spiritual good of his diocese, he set up altars in intersections and squares so that the people could participate in the Mass from their homes.

In the context of the COVID-19 pandemic, bishops worldwide have suspended the public celebration of the sacraments. Every diocese in the United States, for example, canceled public celebrations of the Mass during the pandemic. This has raised questions among the faithful about whether a diocesan bishop has the authority to limit access to the Mass.

According to Canon Law, the faithful who are not under any legal impediment or sanction have a right to receive the sacraments, including assisting at Mass and receiving the Holy Eucharist. However, ecclesiastical authority can "direct the exercise of rights" in light of the common good. The task of balancing these rights and duties typically falls to the diocesan bishop.

Therefore, while bishops generally cannot change Canon Law, in extraordinary circumstances, such as a public health crisis, they may temporarily suspend certain canons or sections to act in the best interests of the people of God.

Bishops' authority is limited by the Pope

The Catholic Church's hierarchy places authority chiefly in the hands of bishops, with priests and deacons serving as their assistants. The Pope, as bishop of Rome, is the head of the Catholic Church and is referred to as the Vicar of Christ. He resides in Vatican City, an independent state within Rome, and exercises absolute civil authority within this microstate.

Bishops are considered the successors of the Apostles and are responsible for the pastoral governance of a diocese. They possess their own power by virtue of their episcopal consecration and are not merely delegates of the Pope. However, the Pope, as the supreme authority, can limit or overrule their decisions. This dynamic between the Pope and bishops has been a subject of discussion, with some noting that the Pope's commands seem to restrict the bishops' authority.

The College of Bishops, of which the Pope is a part, is one of the three bodies that make up the Holy Synod, which governs the Church. The Presiding Bishop, who is responsible for introducing legislation and setting the direction of the Church, also plays a crucial role in decision-making. While the Pope is not directly involved in the day-to-day governance of dioceses, his authority as the head of the Church supersedes that of individual bishops.

In certain cases, the Pope's decrees can limit the discretion of diocesan bishops within their dioceses. This dynamic has been observed to be in tension with the theology of the Second Vatican Council, which expanded the understanding of the power of diocesan bishops. Despite this, the Pope's authority as the supreme leader of the Catholic Church remains unchallenged.

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