THE UNRESOLVED DOCTRINAL DEBATE ON THE NATURE
OF POWER ENJOYED BY ALL RELIGIOUS SUPERIORS
IN CAN. 596 § 1 CIC 83
THE UNRESOLVED DOCTRINAL DEBATE ON THE NATURE
OF POWER ENJOYED BY ALL RELIGIOUS SUPERIORS
IN CAN. 596 § 1 CIC 83
Author(s): JOHN OKELLO OGUTUSubject(s): History of Law, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: public ecclesiastical power; potestas regiminis; dominative power; power of jurisdiction;
Summary/Abstract: In the Church there is only one power of governance. However, all religious superiorsexercise some kind of authority over their own subjects, a power that seem to be distinct from theecclesiastical power of governance indicated in can. 596 § 1 CIC 83 but one that is not named. Ques-tions arise of whether or not this power is an extension of the ecclesiastical power of governance.While the 1917 Code called this power “dominative power”, the 1983 Code does not name it. Over along period of time there have been several doctrinal debates concerning the true nature of powerenjoyed by the superiors in the institute. This article is a historical exposition of the doctrinal debatessurrounding this great quest of scholars in their effort to understand the true nature of this power untilthe period of the revision of the 1983 Code and the CCEO.
Journal: Roczniki Nauk Prawnych
- Issue Year: 35/2025
- Issue No: 1
- Page Range: 95-110
- Page Count: 16
- Language: English
