Kara Sears
Canon law is the system of laws and legal principles that govern the Catholic Church, including 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 Code of Canon Law is the Catholic Church's legal code, which is made and enforced by the church's hierarchical authorities, including the Pope. The Pope has the authority to amend the Code of Canon Law, as demonstrated by Pope John Paul II's amendment of two canons of the 1983 Code of Canon Law and Pope Francis' reform of the matrimonial nullity trial processes of the same code.
| Characteristics | Values |
|---|---|
| Who can change canon law | The Pope |
| Pope John Paul II | |
| Pope Benedict XVI | |
| Pope Francis | |
| Supreme Pontiff | |
| College of Bishops | |
| Legislator inferior to the supreme legislator |
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What You'll Learn
The Pope
However, the Pope serves a higher authority: Christ himself. The Pope is not the head of the Church, Christ is. This theological distinction requires a differentiation between two types of laws: ecclesiastical laws, which are established on human authority, and doctrine or divine law, which is laid down by God himself. Ecclesiastical laws and rules can be changed, but divine law cannot. The authority to make these changes is not granted by any human person; it is God-given.
In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the Church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the church. 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.
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The Supreme Pontiff
Canon law is the system of laws and legal principles made and enforced by the Catholic Church's hierarchical authorities. It is the oldest continuously functioning legal system in the West. 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.
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The College of Bishops
Canon law is the system of laws and legal principles made and enforced by the Catholic Church's hierarchical authorities. It is the oldest continuously functioning legal system in the West. The College of Bishops is an essential part of the Catholic Church's hierarchy, and the bishops are successors to the apostles and pastors in the Church.
The Holy Synod is the chief legislative body of the Church and consists of the College of Bishops, the Board of Directors, and the College of Clergy and Laity. The Holy Synod passes legislation and amends canons, and it meets biennially for up to five days. The Synod also reviews and passes the budget presented by the Board of Directors.
The diocesan bishop, who is in hierarchical communion with the Pope, has all the power necessary for the exercise of his pastoral ministry. He governs his diocese as the ambassador and vicar of Christ, not as a representative or delegate of the Pope. The bishop is responsible for issuing general decrees, which is an effective way of local law-making to address issues immediately and adapt general Church law to local conditions within a diocese. The bishop is also responsible for issuing norms for catechetics and catechetical formation and fostering vocations to the ordained ministry and consecrated life.
In summary, while the College of Bishops is an important part of the Catholic Church's hierarchy and plays a significant role in governance and legislation, the ultimate authority for changing canon law rests with the Pope, who is the supreme legislator and possesses total legislative, executive, and judicial power.
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The Anglican Communion
Unlike the Roman Catholic Church, the Anglican Communion does not have a centralised canon law. Instead, each autonomous member church within the Anglican Communion has its own canonical system. For example, the Church of England has an ancient and highly developed canon law, while the Episcopal Church in the United States has a more recently developed canonical system that was originally based on English canon law.
In 2003, the Primates of the Anglican Communion recognised that the unwritten law common to the Churches of the Anglican Communion could be understood as a "fifth instrument of unity" within the Communion. They requested a statement of principles that could be added to and developed over time. In response, the Anglican Communion Legal Advisors Network prepared a document titled "The Principles of Canon Law Common to the Churches of the Anglican Communion", which identified several common principles.
The International Anglican Standing Commission on Unity, Faith, and Order (IASCUFO) is a group that advises the Instruments and member churches of the Anglican Communion on various matters, including canon law. IASCUFO has a diverse membership, with representatives from Africa, Asia, South and North America, Europe, and Australia. One of its key roles is to promote deeper communion between the Churches within the Anglican Communion and with other Christian traditions.
Unique to Anglicanism is the Book of Common Prayer (BCP), which is a collection of services used by worshippers in most Anglican churches for centuries. The first Book of Common Prayer was compiled by Thomas Cranmer, the Archbishop of Canterbury in 1549. This book changed doctrines in areas such as the Eucharist, clerical celibacy, the role of images in places of worship, and the veneration of saints.
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The First Council of Nicaea
The council formulated a creed, a declaration and summary of the Christian faith, which was adopted by all but two bishops. This creed was used to define the Church's faith clearly, and it set a precedent for subsequent general councils to adopt creeds and canons. The council also considered the calculation of Easter, adopting the Roman and Alexandrian method, and issued twenty canons.
The council did issue several canons, or rules, on various topics. One canon addressed the Melitian schism, and others established the authority of certain bishops. For example, the bishop of Alexandria was given authority over Egypt, Libya, and the Pentapolis, and the bishop of Rome was given similar jurisdiction. These bishops are still considered the heads of various Orthodox churches today.
Other canons covered a range of topics, including:
- The observance of the Lord's Day and the avoidance of fasting and kneeling on that day.
- The administration of the Eucharist to the dying and to those who had recovered from illness.
- The exclusion of those who had castrated themselves from the clergy.
- The need for proper examination and qualification before ordination.
- The treatment of those who had lapsed or committed sins.
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Frequently asked questions
The Pope can change the Code of Canon Law.
It is uncommon for the Pope to change canon law, but it does happen.
The Pope may change canon law to resolve an ambiguity or to replace a law that has proven to be problematic.
The Pope issues a motu proprio document that outlines the changes to the Code of Canon Law.
The last change to the Code of Canon Law was made by Pope Francis on August 15, 2015, when he issued the motu proprio Mitis Iudex Dominus Iesus, which reformed the matrimonial nullity trial processes.
