Primacy. Canon 333 summarizes the relationship of
the pope to the churches of the Roman Catholic communion. He is much more than
a first among equals. That is, in addition to possessing supreme authority over
the universal church, he also has authority in each and every one of the
particular churches which makes up the universal church. His authority does not
replace or nullify that of the local bishop in his diocese, but it complements
it. It is intended to affirm and preserve the bishop’s authority. Primacy gives
the pope power to intervene in the life of the local church when exceptional
circumstances make it necessary. In this sense it implies a “reverse power” to
be used in emergency situations.
In virtue of his headship of the college of
bishops there is a presumption that the pope always acts in communion with all
of the other bishops (c. 333.2). And, since the highest authority, the “court
of last resort,” there is no appeal from his decision, no “going over his head”
(cc. 333.3, 1372, 1629.1). He is subject to no one’s judgment (c. 1404). (James A. Coriden, An Introduction to
Canon Law [New York: Paulist Press, 1991], 66-67)
Prerogatives. The canons say
that the pope:
–possess infallible teaching authority, is
the supreme pastor and teacher of all the faithful (c. 749);
–supervise the sacred liturgy (c. 838),
defines what is valid and licit in sacramental celebrations (c. 841, “supreme
church authority”);
–is the supreme judge for the whole
Catholic world (c. 1142), any case may be appealed to him at any time (c.
1417.1);
–is the supreme administrator and steward
of all the church’s temporal goods (c. 1273);
–has the right to send legates to
particular churches and to sovereign nations (c. 362);
–receives the obedience of all clerics (c.
273) and religious (c. 590.2);
–convokes and controls ecumenical councils
(c. 338);
–reviews the decrees of particular councils
and episcopal conferences before they can be promulgated (cc. 446, 455);
–appoints or confirms all bishops (c.
377.1);
–receives a report on the state of each
diocese from the bishop every five years (c. 399.1);
–can limit the authority of bishops by
reserving certain matters to himself (c. 381.1);
–reserves to himself dispensations from
clerical celibacy (c. 291), from non-consummated marriages (c. 1142), from
irregularities for sacred orders (c. 1047), and certain marriage impediments
(c. 1078);
–establishes feast days or days of penance
for the whole church (c. 1244, “supreme ecclesiastical authority”);
–approves religious communities (c. 589)
and any changes in their constitutions (c. 587.2); confirms the dismissal of
their members (c. 700); can exempt religious institutes from the authority of
local bishops (c. 591).
These canonical powers and prerogatives
(and there are many more than those listed here) have accrued to the papacy
over the centuries. Together they represent a dramatically aggrandized office,
a centralization of authority which is truly remarkable. One reason is that the
pope functions as the principal rule-making authority, the supreme legislator.
One result is that the pope is viewed as the “universal bishop.” The Christian
lives of ordinary Catholics all over the world are influenced much more by the pope
than by their own bishop.
The pope obtains his office by means of two
events: 1) his ordination as a bishop, and 2) his acceptance of his election by
the college of cardinals (c. 332.1). The custom has been for the pope to serve
for life, but he can resign the office if he chooses to do so (c. 332.2). (James A. Coriden, An Introduction to
Canon Law [New York: Paulist Press, 1991], 67-68)
