Abstract
To govern his diocese, a diocesan Bishop exercises the threefold power of governance, namely legislative, executive and judicial power. As regards the executive power he can exercise personally or through another person. Administrative power becomes the area for the exercise of the executive power, including in the administration of temporal goods of the diocese and of other public juridical persons subject to him. In performing a good administration of the temporal goods of the Church, a diocesan Bishop needs to comply with pertinent canonical norms as well as to collaborate with respective council or persons concerned to avoid the abuse of power or misuse of temporal goods. The matter in question is discussed in the view of canonical analysis. This research aims at obtaining canonical assessments to the authority of diocesan Bishop in administering Church’s properties according to their proper purposes.
Highlights
To govern his diocese, a diocesan Bishop exercises the threefold power of governance, namely legislative, executive and judicial power
In performing a good administration of the temporal goods of the Church, a diocesan Bishop needs to comply with pertinent canonical norms as well as to collaborate with respective council or persons concerned to avoid the abuse of power or misuse of temporal goods
Canon 1281, §1 regulates that the administrator does not need permission from the Superior, i.e., the diocesan Bishop, to carry out acts of ordinary administration in so far the acts are within the limits and manner of ordinary administration determined by the statutes of the juridical person
Summary
A diocesan Bishop exercises the threefold power of governance, namely legislative, executive and judicial power. Administrative power becomes the area for the exercise of the executive power, including in the administration of temporal goods of the diocese and of other public juridical persons subject to him. The first part elaborates in short the juridical power exercised by the diocesan Bishop It is followed by the second part, namely discussion on the temporal goods of the Church. For the sake of clarity, several fundamental elements related to temporal goods of the Church need to be clarified at the first place It begins with the claim of the Church to have innate right (iure nativo) over temporal goods. Administrative power becomes the area for the exercise of the executive power, including in the administration of temporal goods within the diocese and other public juridical persons subject to the diocesan Bishop (Cf. 1278, 1276, §1, 1279, §2). In Book V of the 1983 Code, these acts classified into three categories, namely to acquire and to retain (cann. 1259-1272, Title I), to administer
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