The applicability of the principle of subsidiarity according to the "Code of Canon Law".
Creators: name: Harrington, Rachel Mary.
Publisher: name: Université d'Ottawa / University of Ottawa
Year: 1997
Subjects: subject: Law.

description: The principle of subsidiarity was originally formulated by a German theologian, a Jesuit, Gustave Gundlach, and introduced into Pius XI's social encyclical, Quadragesimo anno, by another German Jesuit, Oswald von Nell-Breuning, who was the real author of this document. Three principal aspects of subsidiarity are highlighted in this encyclical: first, the higher/larger body should not usurp tasks which can be performed successfully by lower/smaller bodies; secondly, the duty of the higher/larger body is to provide the best possible conditions for self-determination, offering help where this is necessary, so that its citizens, or members, may exercise their rights in freedom and develop their human potential to the fullest possible extent; and thirdly, that the competencies of each should be clearly defined. The principle, founded on the human dignity of each individual, respects each one's inalienable right to assume responsibility for his or her own actions. Subsequent social encyclicals--Pacem in terris, in particular--have continued to develop the Church's teaching in this respect arguing in favour of the individual against the various forms of totalitarian regimes. Pius XII was the first pope to mention the principle of subsidiarity in the ecclesial context at a now famous consistory of new Cardinals in 1946. The pope said that the principle which was valid for civil society was also valid for the life of the Church, and added, "without prejudice to her hierarchical structure." During the Second Vatican Council the bishops, arguing against the centralising tendency that had begun to dominate the Church, apparently stressed the validity of this principle for all human societies, including the Church. For it to be one of the revision principles for the Code, the last document of the Council, seems entirely logical. The parts of the Code selected for this study reveal an uneven implementation of the principle of subsidiarity. The canons on the whole did implement the principle in that they favour participative forms of government wherever possible and recommend consultation before major decisions. The implementation, however, is severely restricted, at least as far as the diocesan organisms are concerned. The canons on religious institutes offer the widest scope to a privileged group to assume control over their own lives in the Church; religious can elect their own leaders, and formulate their own laws through direct participation or through elected representatives. The principle requires greater participation at all levels in the whole decision-making process within any human community. Despite the objections raised by some authors against the use of this principle in the Church, all evidence seems to favour its relevance and practical implementation in decision-making at all ecclesial levels. In other words, the principle of subsidiarity could serve as a procedural tool in structuring the communio of the Church, both local and universal.