Power of Governance

The power of governance exists in the Church by divine institution and is ordered to her communion and mission. Under canon 129, those in sacred orders are qualified for it according to law, while lay members of the faithful can cooperate in its exercise according to law. No one may claim jurisdiction from expertise, popularity, sacramental ministry alone, or an informal request; a canonical office, delegation, or other lawful title must establish competence.^[1]

Governance is ordinarily exercised in the external forum, where its juridical effects are publicly recognized. The law also provides for acts in the internal forum, but an act effective only there does not automatically produce external-forum effects.^[2]

Ordinary power is attached to an office by law; delegated power is granted to a person apart from an office. Ordinary power can be proper, exercised in one's own name, or vicarious, exercised in the name of another officeholder. The person who claims delegation bears the burden of proving it, and a delegate who exceeds the mandate as to matters or persons does not act at all.^[3]

Law governs how power may be delegated, subdelegated, interpreted, and lost. Ordinary power ceases when the office is lost; delegated power ordinarily ceases through fulfillment, expiration, cessation of purpose, communicated revocation, or accepted resignation. Common error and positive and probable doubt can trigger the Church's suppletory power only in the cases and forums specified by canon 144.

Legislative, executive, and judicial power are distinct in their manner of exercise. A legislator below the supreme authority cannot validly delegate legislative power unless law expressly permits it or enact law contrary to higher law. Judicial power is exercised through the canonical process and ordinarily cannot be delegated except for acts preparatory to a decree or sentence. Executive power is more broadly delegable, but it remains bounded by the grant and by superior law.