The Scope of Authority of the Power of Governance in the Canonical Legal Order (can. 130 1983 Code of Canon Law)

Abstract

The author of the presented article carried out a thorough interpretation of Can. 130 1983 Code of Canon Law. His analyses show that introducing a modification to this canon resolved certain interpretative doubts which aroused among commentators of Can. 196 CIC/17. According to the author, it would be unreasonable for the power of governance to be exercised for the external forum only since the nature of the Church is not only expressed in this dimension – the Church has both visible and invisible nature. It remains reasonable that in major part the power of governance is exercised for the external forum as it serves the common good. Sometimes, however, the power is exercised for the internal forum alone. This cannot be only limited to the category of conscience since it has a much wider scope. It is clear that in general the decisions made for the internal forum, because of their secrecy and lack of public character, have effects only for this forum. By introducing clauses such as “except insofar as the law establishes it in determined cases” the legislator does not rule out other solution according to which the power exercised for the internal forum has effects also for the external forum. The aim of considering such a possibility was to prevent potential conflicts between the two forums.