Keith Mack
Canon law is an international legal system within the Catholic Church, with a history almost as old as the Church itself. The pope, as the Vicar of Christ, is the supreme head of the Church on earth and has the authority to amend the text of the codes. While the pope's power is vast, it is not unlimited, and he is ultimately accountable to God. Canon 332 § 1 of the 1983 Code states that a man who is already a bishop and accepts a legitimate papal election becomes pope immediately. A non-bishop can accept the election but must be consecrated as a bishop. This implies that a pope must be male, baptised, ordained as a deacon, priest and bishop, and have the use of reason to accept the election. While a married man can be elected pope, it is highly unlikely that anyone but a cardinal would be elected. In 2021, Pope Francis introduced the new Book VI of the Code of Canon Law, which contains the Church's universal penal law, marking a significant change in the Church's history.
| Characteristics | Values |
|---|---|
| Canon Law | 1917, 1983, 2021 |
| Candidate | Male |
| Baptized Catholic | |
| Willing to be ordained deacon, priest, and bishop | |
| Willing to be consecrated bishop if not already one | |
| Willing to accept election | |
| Capable of accepting election | |
| Capable of exercising the jurisdiction attached to the office | |
| Circumstances | Elected by the College of Cardinals |
| Member of the College of Cardinals | |
| Layman, deacon, or priest only in exceptional circumstances | |
| Married man only in exceptional circumstances | |
| Promulgated by | Pope Francis (2021) |
| Pope John Paul II (1983) |
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What You'll Learn
Canon law history
Canon law is a set of ordinances and regulations made by ecclesiastical authorities (church leadership) to govern a Christian organisation or church and its members. The term canon means 'straight measuring rod' or 'ruler' in Ancient Greek. Canon law includes the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion.
The history of canon law can be traced back to the early church. In the fourth century, the First Council of Nicaea (325) referred to canons as the disciplinary measures of the church. The term canon ('rule' in Greek) was distinguished from leges, the legislative measures taken by the state. The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions.
The period of canonical history known as the ius antiquum ("ancient law") extends from the foundation of the Church to the time of Gratian (mid-12th century). This period can be further divided into three parts: from the time of the apostles to the death of Pope Gelasius I (AD 496), the end of the 5th century to the spurious collection of the 9th century, and the last period up to the time of Gratian (mid-12th century). In the Early Church, the first canons were decreed by bishops united in "Ecumenical" or "local" councils. Over time, these canons were supplemented with decretals of the Bishops of Rome.
The period of canonical history known as the Ius novum ("new law") or middle period covers the time from Gratian to the Council of Trent (mid-12th century–16th century). Gratian, considered the founder of canonical jurisprudence, assembled the first truly systematic collection of canons in the 11th century, commonly known as the Decretum Gratiani ("Gratian's Decree"). Canon law greatly increased from 1140 to 1234, and in 1234 Pope Gregory IX promulgated the first official collection of canons, the Decretalia Gregorii Noni or Liber Extra. This was followed by the Liber Sextus (1298) of Boniface VIII, the Clementines (1317) of Clement V, and others, all of which followed the same structure as the Liber Extra. All these collections, with the Decretum Gratiani, are together referred to as the Corpus Iuris Canonici.
The history of Latin canon law can be divided into four periods: the ius antiquum, the ius novum, the ius novissimum, and the Codex Iuris Canonici. In relation to the Code, history can be divided into the ius vetus (all law before the 1917 Code) and the ius novum (the law of the 1917 Code). The Eastern Catholic canon law underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II.
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Pope Francis' changes to canon law
Canon law is a set of rules related to the governance of the Catholic Church. Ecclesiastical laws, which are established on human authority, can be changed, but divine laws, which are laid down by God, cannot. The Pope has the supreme executive, legislative, and judicial authority of the Church, but he serves a higher authority: Christ himself.
Pope Francis has made several changes to canon law since his election. On August 15, 2015, he made a large number of changes to canons 1671-1691, which govern the procedure for marriage-nullity cases. In Mitis Iudex Dominus Jesus, he added new wording to some canons, combined others, and renumbered the entire section. These changes took effect on December 8, 2015, four months after their promulgation, to give Tribunal officials time to understand the canonical implications and adjust their handling of marriage-nullity cases.
Pope Francis has also made changes to the legal procedure required in marriage-nullity cases, as well as to the canons governing clerical associations. He added clerical associations, with the faculty from the Holy See, to a list of juridic entities that can incardinate clerics. This means that every priest and deacon in the Church must be attached to an institutional structure, such as a diocese, religious order, or personal prelature.
In addition, Pope Francis has given the diocesan bishop the authority to reduce Mass obligations, rather than the Apostolic See. This change simplifies the canon and gives more power to the diocesan bishop. However, it may prove controversial, as it could lead to concerns about the transparency of how donated money is spent.
While Pope Francis has made these changes to canon law, it is important to note that he cannot change doctrines or reverse past teachings. For example, he has been asked about the possibility of ordaining women to the priesthood, and he has responded that "the Church has spoken and said no."
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Ecclesiastical and divine laws
Canon law, or ecclesiastical law, is an international legal system that governs the Catholic Church. While the pope is the supreme head of the Church on earth, his power is limited by divine laws, which are considered to be laid down by God. An example of a divine law is canon 1091.1, which prohibits individuals related by consanguinity in any degree of the direct line from marrying. This is considered a natural law with a biological basis, ultimately stemming from God as the Creator.
The history of Latin canon law can be divided into four periods: ius antiquum, ius novum, ius novissimum, and Codex Iuris Canonici. The first period, ius antiquum or "ancient law," extends from the foundation of the Church to the time of Gratian in the mid-12th century. During this time, the canons of ecumenical and local councils were supplemented with decretals of the popes.
The second period, ius novum or "new law," covers the time from Gratian to the Council of Trent (mid-12th century to the 16th century). In the year 1000, there was no comprehensive summary or systematization of canon law. The first systematic collection, known as the Decretum Gratiani or "Gratian's Decree," was assembled by the Camaldolese monk Gratian in the 11th century. This collection marked the beginning of "jurisprudence of canon law," a system of legal interpretation and principles.
The third period, ius novissimum or "newest law," is a matter of debate among scholars. It generally covers the time from the Council of Trent to the promulgation of the 1917 Code of Canon Law, which took legal effect in 1918. During this period, various popes contributed to the development of canon law through their decretals and official collections, including Pope Gregory IX's Liber Extra (1234), Liber Sextus (1298) by Boniface VIII, and the Clementines (1317) prepared for Clement V but published by John XXII. These collections, along with the Decretum Gratiani, form the Corpus Iuris Canonici.
The fourth period, Codex Iuris Canonici, refers to the codification of canon law. In 1917, Pope Benedict XV promulgated the first Code of Canon Law under the aegis of Cardinal Pietro Gasparri, which replaced the previous collection of approximately 10,000 norms. This code was replaced by the 1983 Code of Canon Law, promulgated by Pope John Paul II, which remains in use today.
In addition to these periods, it is worth noting that the Eastern Catholic Churches have their own code of canons, promulgated in 1990 by Pope John Paul II, reflecting their unique disciplines and practices.
While the pope has the authority to amend and promulgate new codes of canon law, he is ultimately accountable to God Himself, reflecting the interplay between ecclesiastical and divine laws within the Catholic Church.
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Who can be elected pope
Canon 332 § 1 of the 1983 Code states that a bishop who accepts a legitimate papal election becomes pope immediately. If the elected individual is not a bishop, they must be immediately consecrated as one. This implies that, to be elected pope, one must: be male, be willing to be baptised, be ordained deacon, priest, and bishop, and have the use of reason in order to accept the election and, if necessary, holy orders.
However, there is no strict requirement for the pope to be a bishop already. The Church has elected several non-bishops to the papacy, but they must be immediately consecrated as bishops upon accepting the position.
While it is unlikely, it is technically possible for a layman, deacon, or priest to be elected pope. In ancient times, married men were often elected to become bishops, but they ceased living as married men upon taking the position.
According to Canon 331, the Pope is the Vicar of Christ on earth and has supreme power. This law is considered divine and is thought to originate from the words of Christ Himself, Who commissioned Saint Peter to head the Church in Matthew 16:18.
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The College of Cardinals
During the pontificate of Pope Stephen V (816-817), the three classes of the college that exist today began to form. The first class to form were the cardinal deacons, followed by the cardinal priests, and then the cardinal bishops. In 845, the Council of Meaux-Paris required bishops to establish cardinal titles or parishes in their towns and outlining districts. At the same time, popes began referring to the cardinal priests of Rome to serve as legates and delegates within Rome and abroad on diplomatic missions.
In modern times, the size of the College of Cardinals has been limited by popes, ecumenical councils ratified by the pope, and the college itself. As of May 16, 2025, there were 251 cardinals, of whom 133 were eligible to vote in a conclave to elect a new pope. Cardinals are appointed by the pope and serve for life, but they become ineligible to participate in a papal conclave if they turn 80 before a papal vacancy occurs. While any baptised male Catholic is eligible to become pope, in practice, it is highly unlikely that anyone but a bishop who is a member of the College of Cardinals would be elected, given the extensive sacred and human experience required.
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Frequently asked questions
Canon 332 § 1 of the 1983 Code states that one who is already a bishop can become the pope immediately upon accepting a legitimate papal election. One who is not yet a bishop can accept the election but must be consecrated as a bishop immediately. This implies that the pope must be male, baptised, ordained deacon, priest, and bishop, and have the use of reason in order to accept the election and, if necessary, holy orders.
While the pope may be the supreme head of the Church on earth, he answers to God Himself, who is an authority higher than the pope. Therefore, the pope's power has definite limits. Ecclesiastical laws, which are man-made, can be changed. Divine laws, on the other hand, are laid down by God Himself and cannot be changed.
The history of canon law is as old as the Church itself. However, universal canon law has only been codified in singular texts since 1917, with the first Code of Canon Law. Since then, two codes have been promulgated: the code of 1917 and the code of 1983, which replaced the former. In 2021, Pope Francis introduced the new Book VI of the Code of Canon Law, which contains the Church's universal penal law.
Yes, a married man can be elected pope. In ancient times, married men were often chosen to be bishops, but they ceased to live as married men. However, in practice, it is highly unlikely that anyone but a bishop, and specifically, a member of the College of Cardinals, would be elected pope due to the extensive sacred and human experience required.
