§3. No appeal or recourse is permitted against a sentence
That’s because this part of the clause refers to the Pope’s ancient prerogative as court of final appeal, enshrined in the Sardican Canons. The judicial process in the Church is a
collegial process, wherein the petrine office has an
appellate authority. When the Pope promulgates a sentence in this context, he is simply siding with the
prior judgments of one party or another. He is
not unilaterally making a decision without consideration of those prior judgments of his brother bishops.
or decree of the Roman Pontiff.
This part of the clause refers either to (1) decrees in his exercise of the infallibility of the extraordinary Magisterium (ex-cathedra decrees) or to (2) decrees regarding the discipline and/or government of the Church.
According to Vatican 1, (1) is constrained by the
sensus fidei of the Church (see the historic Proem of
Pastor Aeternus), and the present consensus of the whole Magisterium, a consensus which need not necessarily be determined by direct consultation with all the bishops of the world, but must be determined nonetheless (see the
Official Relatio of Vatican 1). As such a decree is
thus ensured to be part of the faith of the Church, no one can gainsay it by appeal to a higher authority.
Whatever else may be said of (2),
Pastor Aeternus guarantees that these decrees cannot violate the authority of local bishops in their own territorial jurisdiction. Further, though such decrees may become the standard, our canons affirm that local bishops can dispense with them
for the good of their flock, which does not violate the principle that such decrees would nevertheless be the standard under normal circumstances.
Blessings,
Marduk