Authentic interpretation
Encyclopedia
An authentic interpretation is an official interpretation of a statute
issued by the statute's legislator
. In civil law
and canon law
, an authentic interpretation has the force of law.
. Any of these legislator
s can issue authentic interpretations of their laws and their predecessor's laws. These authentic interpretations trump even administrative decisions of ordinaries
and judgments of ecclesiastical courts, for neither of those acts have the force of law like an authentic interpretation. The effect of an authentic interpretation depends on the extent of the interpretation:
Legislators also can entrust the power to authentically interpret their laws to someone else. For the Code of Canon Law, the Code of Canons of the Eastern Churches, and other Papal laws, the Pope has delegated the authority to issue authentic interpretations to the Pontifical Council for Legislative Texts
. The following table contains the authentic interpretations issued by that dicastery
(with Pontifical approval).
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
issued by the statute's legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
. In civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
and canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, an authentic interpretation has the force of law.
Roman Catholic Church
Besides the Pope, who has plenary legislative power, there are several other legislative authorities in the Roman Catholic Church with varying degrees of authority. Primary examples are diocesan bishops and their equivalents, episcopal conferences, and particular councilsSynod
A synod historically is a council of a church, usually convened to decide an issue of doctrine, administration or application. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not...
. Any of these legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
s can issue authentic interpretations of their laws and their predecessor's laws. These authentic interpretations trump even administrative decisions of ordinaries
Ordinary
In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
and judgments of ecclesiastical courts, for neither of those acts have the force of law like an authentic interpretation. The effect of an authentic interpretation depends on the extent of the interpretation:
An authentic interpretation which is presented by way of a law has the same force as the law itself, and must be promulgated. If it simply declares the words which are certain in themselves, it has retroactive force. If it restricts or extends a law or explains a doubtful one, it is not retroactive.
Legislators also can entrust the power to authentically interpret their laws to someone else. For the Code of Canon Law, the Code of Canons of the Eastern Churches, and other Papal laws, the Pope has delegated the authority to issue authentic interpretations to the Pontifical Council for Legislative Texts
Pontifical Council for Legislative Texts
The Pontifical Council for Legislative Texts is part of the Roman Curia. Its work "consists mainly in interpreting the laws of the Church". ....
. The following table contains the authentic interpretations issued by that dicastery
Dicastery
Dicastery is an Italicism sometimes used in English to refer to the Departments of the Roman Curia....
(with Pontifical approval).
Table of authentic interpretations
Latin Canon(s) | Publication | Summary |
---|---|---|
Can. 87, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 77 (1985), p. 771 |
Diocesan Diocese A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance... bishop Bishop A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the... cannot dispense Dispensation (Catholic Church) In the canon law of the Roman Catholic Church, a dispensation is the suspension by competent authority of general rules of law in particular cases... from canonical form for the marriage Catholic marriage Catholic marriage, also called matrimony, is a "covenant by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring... of two Catholics. |
Can. 119, 1º | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 82 (1990), p. 845 |
Relative majority suffices on the third scrutiny. |
Can. 127, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 77 (1985), p. 771 |
Superior does not have the right of voting, unless it is an existing custom in the community. |
Can. 230, §2 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 86 (1994), p. 541-542 |
Both lay men and women can serve at the altar Altar server An altar server is a lay assistant to a member of the clergy during a Christian religious service. An altar server attends to supporting tasks at the altar such as fetching and carrying, ringing the altar bell and so on.... . |
Cann. 346, §1 and 402, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 83 (1991), p. 1093 |
Bishops emeriti may be elected to the Synod of Bishops. |
Cann. 434 and 452 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 81 (1989), p. 388 |
Auxiliary bishop Auxiliary bishop An auxiliary bishop, in the Roman Catholic Church, is an additional bishop assigned to a diocese because the diocesan bishop is unable to perform his functions, the diocese is so extensive that it requires more than one bishop to administer, or the diocese is attached to a royal or imperial office... s cannot fill office of president of an episcopal conference Episcopal Conference In the Roman Catholic Church, an Episcopal Conference, Conference of Bishops, or National Conference of Bishops is an official assembly of all the bishops of a given territory... . |
Can. 455, §1 (also cann. 31-33) | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 77 (1985), p. 771 |
"General decrees" includes general executory decrees. |
Can. 502, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 76 (1984), p. 746-747 |
Consultor continues in office even when no longer a member of presbyteral council. Consultors need not be replaced unless the minimum required number is lacking. |
Can. 509, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 81 (1989), p. 991 |
It is not required to select the president of a chapter of canons by election. |
Can. 684, §3 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 79 (1987), p. 1249 |
"Religious" includes religious Religious order A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some... in temporary vows Religious vows Religious vows are the public vows made by the members of religious communities pertaining to their conduct, practices and views.In the Buddhist tradition, in particular within the Mahayana and Vajrayana tradition, many different kinds of religious vows are taken by the lay community as well as by... . |
Can. 700 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 78 (1986), p. 1323-1324 |
Religious Religious order A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some... to be notified of dismissal after confirmation by Holy See Holy See The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and... . Congregation for Religious and Secular Institutes to receive suspensive recourse against dismissal. |
Cann. 705-707 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 78 (1986), p. 1323-1324 |
A religious Religious order A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some... bishop Bishop A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the... does not enjoy active and passive voice in his own institute. |
Cann. 705-707 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 80 (1988), p. 1818-1819 |
Religious Religious order A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some... appointed judges of the Roman Rota Sacra Rota Romana The Tribunal Apostolicum Rotae Romanae — also called the Sacred Roman Rota, and anciently the Apostolic Court of Audience — is the highest appellate tribunal of the Roman Catholic Church, with respect to both Latin-rite members and the eastern-rite members and is, with respect to judicial trials... are not exempt from the religious Religious order A religious order is a lineage of communities and organizations of people who live in some way set apart from society in accordance with their specific religious devotion, usually characterized by the principles of its founder's religious practice. The order is composed of initiates and, in some... Ordinary Ordinary In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws... . |
Can. 767, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 79 (1987), p. 1249 |
Diocesan Diocese A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance... bishop Bishop A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the... cannot dispense Dispensation (Catholic Church) In the canon law of the Roman Catholic Church, a dispensation is the suspension by competent authority of general rules of law in particular cases... from the prescription that the homily Homily A homily is a commentary that follows a reading of scripture. In Catholic, Anglican, Lutheran, and Eastern Orthodox Churches, a homily is usually given during Mass at the end of the Liturgy of the Word... is reserved to priest Priest A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities... s or deacon Deacon Deacon is a ministry in the Christian Church that is generally associated with service of some kind, but which varies among theological and denominational traditions... s. |
Can. 830, §3 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 79 (1987), p. 1249 |
Imprimatur Imprimatur An imprimatur is, in the proper sense, a declaration authorizing publication of a book. The term is also applied loosely to any mark of approval or endorsement.-Catholic Church:... s must indicate the name of the Ordinary Ordinary In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws... giving his permission, and where and when the permission was given. |
Can. 910, §2 (also can. 230, §3) | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 80 (1988), p. 1373 |
Extraordinary Ministers of Holy Communion Extraordinary Ministers of Holy Communion An extraordinary minister of Holy Communion in the Catholic Church is, under the Code of Canon Law, "an acolyte, or another of Christ's faithful deputed", in certain circumstances, to distribute Holy Communion... cannot exercise their function when ordinary ministers (who are not impeded from distributing the Eucharist Eucharist The Eucharist , also called Holy Communion, the Sacrament of the Altar, the Blessed Sacrament, the Lord's Supper, and other names, is a Christian sacrament or ordinance... ) are present in the church, even though not celebrating the Mass Mass (liturgy) "Mass" is one of the names by which the sacrament of the Eucharist is called in the Roman Catholic Church: others are "Eucharist", the "Lord's Supper", the "Breaking of Bread", the "Eucharistic assembly ", the "memorial of the Lord's Passion and Resurrection", the "Holy Sacrifice", the "Holy and... . |
Can. 917 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 76 (1984), p. 746-747 |
A person may receive Holy Communion Eucharist The Eucharist , also called Holy Communion, the Sacrament of the Altar, the Blessed Sacrament, the Lord's Supper, and other names, is a Christian sacrament or ordinance... on the same day only twice, outside of the danger of death. |
Can. 951, §1 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 79 (1987), p. 1132 |
Mass offerings for multiple celebrations on the same day are to be sent to the proper Ordinary Ordinary In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws... of the celebrant. |
Can. 964, §2 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 90 (1998), p. 711 |
A priest Priest A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities... may choose to hear confession Sacrament of Penance (Catholic Church) In the teachings of the Roman Catholic Church, the Sacrament of Penance and Reconciliation is the method by which individual men and women may be freed from sins committed after receiving the sacrament of Baptism... in a confessional with a fixed grille. |
Can. 1103 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 79 (1987), p. 1132 |
Force and fear invalidate the matrimonial consent of non-Catholics as well. |
Can. 1263 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 81 (1989), p. 991 |
External schools of religious institutes of pontifical right are not subject to taxation by diocesan Diocese A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance... bishop Bishop A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the... . |
Can. 1367 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 91 (1999), p. 918 |
"Desecration" includes any voluntary and gravely comptemptuous action towards the Eucharistic species. |
Can. 1398 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 80 (1988), p. 1818-1819 |
"Abortion Abortion Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced... " includes the killing of a fetus in any way whatsoever, at any time from the moment of conception onwards. |
Cann. 1522 and 1525 | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 78 (1986), p. 1324 |
Can reintroduce a case in another tribunal after instance is finished through peremption or renunciation. |
Can. 1673, 3º | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 78 (1986), p. 1323-1324 |
The judicial vicar of the interdiocesan tribunal of the respondent cannot give the consent required for hearing a nullity case in the diocese of the plaintiff. |
Can. 1686 (also cann. 1066-1067) | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 76 (1984), p. 746-747 |
The pre-nuptial investigation suffices to determine the invalidity of a prior marriage due to lack of canonical form; a declaration of nullity via the documentary process is not required. |
Can. 1737 (also can. 299, §3) | AAS Acta Apostolicae Sedis Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909... , v. 80 (1988), p. 1818 |
A non-juridical group with a grievance must take hierarchical recourse as individuals. |
External links
- 1983 Code of Canon Law for the Latin Rite (CIC)
- 1990 Code of Canon Law for the Eastern Rites (CCEO)
- Apostolic Constitution Pastor Bonus, June 28, 1988, by Pope John Paul IIPope John Paul IIBlessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...
- Interpretationes Authenticae, Latin text of authentic interpretations through 1998, on Vatican website
- English translation of authentic interpretations, from a 2000 canon law course at the Pontifical College JosephinumPontifical College JosephinumThe Pontifical College Josephinum is a four-year, Roman Catholic liberal arts college and graduate school of theology founded by Monsignor Joseph Jessing in 1888 and located in Columbus, Ohio, USA. The seminary prepares its students to become priests in the Roman Catholic Church. Students come...
in Columbus, Ohio