Catholic Info
Traditional Catholic Faith => The Sacred: Catholic Liturgy, Chant, Prayers => Topic started by: Cryptinox on January 08, 2022, 02:44:02 PM
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I have heard one R&R on this forum say this but also this one conservative novus ordite say something like "The pope is who interprets the law" to say that Lefebvre was legitimately excommunicated despite the fact Lefebvre acted out of grave fear. I also wonder what this would mean for Fr. Feeney whom I believe was unjustly excommunicated.
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To answer your question, the pope is above canon law as he is the maker of the law on this Earth. There is one caveat that I can think of when the pope would be subject to canon law. When canon law reflects divine law then he is subject to it.
When Henry VIII wanted to divorce his wife Catherine, not only did divine law forbid the pope from annulling the marrage, but I believe it was spelled out in the canons also.
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To answer your question, the pope is above canon law as he is the maker of the law on this Earth. There is one caveat that I can think of when the pope would be subject to canon law. When canon law reflects divine law then he is subject to it.
When Henry VIII wanted to divorce his wife Catherine, not only did divine law forbid the pope from annulling the marrage, but I believe it was spelled out in the canons also.
Yes, Canon Law is a mixture of Divine Law, Natural Law and Human Law. The Pope can change the part of Canon Law that is Human Law. He cannot make a contradictory change to the parts based on Divine Law or Natural Law. He does not possess that power. Just as a husband cannot command his wife to sin against the Commandments of God.
However, until the Pope actually formally promulgates a change to the Canon Law (Human Law part), using the process laid out in the relevant constitutions, he cannot legally act in a way contrary to the current Canon Law. To do so is contrary to right reason as laid out by St. Thomas Aquinas and held by the Catholic Church perennially.
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Above canon law is the status ecclesiæ, or the divine constitution of the Church. The popes are fully subject to the status ecclesiæ, lacking both power and authority to alter it.
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Yes, Canon Law is a mixture of Divine Law, Natural Law and Human Law. The Pope can change the part of Canon Law that is Human Law. He cannot make a contradictory change to the parts based on Divine Law or Natural Law. He does not possess that power. Just as a husband cannot command his wife to sin against the Commandments of God.
However, until the Pope actually formally promulgates a change to the Canon Law (Human Law part), using the process laid out in the relevant constitutions, he cannot legally act in a way contrary to the current Canon Law. To do so is contrary to right reason as laid out by St. Thomas Aquinas and held by the Catholic Church perennially.
I concur, you stated it better than I did.
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:facepalm: