Questions on Canon Law

[KnightOfSPUD]

Just a few, though

1. Does the Code of Canon Law have the same juridical force with a papal mandate (motu proprio, bull, encyclical etc.)?
2. If so, is it deemed as infallible or incapable of abrogation?
3. If not, does that mean that the old canons of the old Code do not have any force?
4. Who promulgates the Code? Is it the Pope? If it is, does it hold juridical force?
5. And probably just a summative question, how powerful is the Codex Iuris Canonici?

 

[1ke]

1. Does the Code of Canon Law have the same juridical force with a papal mandate (motu proprio, bull, encyclical etc.) ?

A motu proprio or bull may or may not have any juridical component. If it does, yes, it has force of law (but of course that is based on what it actually says in the document)

An encyclical doesn’t typically have juridical components.

1. If so, is it deemed as infallible or incapable of abrogation?

No.

1. If not, does that mean that the old canons of the old Code do not have any force?

Depends. In the case of the code of 1983, it specifically abrogated those of the 1917 code.

1. Who promulgates the Code? Is it the Pope? If it is, does it hold juridical force?

Yes and yes.

5

. And probably just a summative question, how powerful is the Codex Iuris Canonici?

Well, it’s the law. So I guess I don’t understand the question.

 

[claymcdermott]

Infallibility is not really a relevant concept when talking about law.

But a specific command from the pope himself, if that is what the bull contained, would outrank established canon law, in terms of its legality.