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Published online by Cambridge University Press: 26 May 2025
One of the ten guiding principles from the 1967 Synod of Bishops on the revision of the 1917 Code of Canon Law was that a new Code should present the office of bishop in accord with the norms given in the conciliar decree, Christus Dominus. In the 1917 Code, canon 329 stated that bishops ‘govern with ordinary power under the authority of the Roman Pontiff’. The change in the revised Code would reflect that bishops do not act as vicars of the Pope but as vicars and legates of Christ. To support the bishop in his ministry, there are a number of structures outlined in the Code which provide him with opportunities for consultation and listening, and which allow participation by others, both clergy and lay faithful. After defining what is meant by the word ‘diocese’, this article considers the role of bishops, and then looks at the channels outlined in the 1983 Code for ‘consultation’ and ‘listening’. After briefly outlining the challenges arising in terms of processes, accountability, and consultation, this article examines the possible shared principles between the Roman Catholic and the Anglican tradition.
1 The Decree Concerning the Pastoral Office of Bishops in the Church, 28 October 1965 stated in paragraph 8: (a) To bishops, as successors of the Apostles, in the dioceses entrusted to them, there belongs per se all the ordinary, proper, and immediate authority which is required for the exercise of their pastoral office. But this never in any way infringes upon the power which the Roman pontiff has, by virtue of his office, of reserving cases to himself or to some other authority.
(b) The general law of the Church grants the faculty to each diocesan bishop to dispense, in a particular case, the faithful over whom they legally exercise authority as often as they judge that it contributes to their spiritual welfare, except in those cases which have been especially reserved by the supreme authority of the Church.
2 See the Dogmatic Constitution on the Church, Lumen Gentium (21 November 1964): ‘Bishops, as vicars and ambassadors of Christ, govern the particular churches entrusted to them by their counsel, exhortations, example, and even by their authority and sacred power, which indeed they use only for the edification of their flock in truth and holiness, remembering that he who is greater should become as the lesser and he who is the chief become as the servant. This power, which they personally exercise in Christ’s name, is proper, ordinary and immediate, although its exercise is ultimately regulated by the supreme authority of the Church, and can be circumscribed by certain limits, for the advantage of the Church or of the faithful. In virtue of this power, bishops have the sacred right and the duty before the Lord to make laws for their subjects, to pass judgment on them and to moderate everything pertaining to the ordering of worship and the apostolate’.
3 1983 Code of Canon Law, canon 369. Canon 368 speaks of ‘particular churches’ which ‘are first of all dioceses, to which, unless it is otherwise evident, are likened a territorial and territorial abbacy (a certain portion of the people of God, entrusted to a prelate or abbot), an apostolic vicariate and an apostolic prefecture (a certain portion of the people of God not yet established as a diocese due to special circumstances, and entrusted to an apostolic vicar or apostolic prefect who governs it in the name of the Supreme Pontiff), and an apostolic administration erected in a stable manner’ (not erected as a diocese due to special and particularly grave reasons and entrusted to an apostolic administrator). Unless established otherwise, these are equivalent to a diocese. See canons 370, 371.
4 Christus Dominus, Decree Concerning the Pastoral Office of Bishops, 28 October 1965.
5 cf. canon 372 §1.
6 See canon 416. A bishop may tender his resignation on the grounds of age or ill-health (see canon 401) or on the grounds that he is no longer able to bear the burden of office, or whose position has become untenable. The case of Bishop Byrne, formerly of the Diocese of Hexham and Newcastle is one example of this. See Patrick Hudson, ‘“Succession of errors” forced bishop to resign, says Vatican Report’, The Tablet, 4 May 2023.
7 Deprivation is a canonical penalty and governed by the canons on penal law (cf. canon 196, and the canons in Book 6 of the Code).
8 Canonical requirements for the suitability of a candidate for the episcopate are outlined in canon 378, among these being that he has certain qualities, is at least 35 years of age, and has been ordained to the priesthood for at least 5 years.
9 See also canon 377.
10 Canon 375 §1
11 Congregation for the Clergy, Directory for the Pastoral Ministry of Bishops, Apostolorum Successores, 1974.
12 Ibid, para 64; canon 381 §1.
13 An example of this can be seen in canon 1405 where the Supreme Pontiff reserves the right to judge cases mentioned in canon 1401 certain categories of people, including cardinals and legates.
14 Canons 399, 400.
15 See canon 396.
16 Canons 384, 407.
17 See canons 447–459.
18 See canons 460–468.
19 See canons 495–501. Commentators differ on whether or not any such cases exist in the universal law. See Canon Law Society of America, New Commentary on the Code of Canon Law (2000), 659.
20 See canons 272, 377 §3, 404 §1, 404 §3, 413 §2, 419, 421 §1, 422, 485.
21 Canon 479
22 Canon 512 §1.
23 John Paul II, Apostolic Exhortation on the Vocation and Mission of Lay People in the Church Christifideles Laici, 1988, ‘… on a diocesan level this structure [diocesan pastoral councils] could be the principle form of collaboration, dialogue, and discernment as well. The participation of the lay faithful in these Councils can broaden resources in consultation and the principle of collaboration – and in certain instances also in decision-making – if applied in a broad and determined manner’.
24 International Theological Commission, 2018.
25 cf. canon 492. As Farrelly points out, in reading this canon in conjunction with canon 228, there is a presumption that the faithful are in fact Catholics. See A Farrelly, ‘The Diocesan Finance Council: Functions and Duties According to the Code of Canon Law’ (1989) 23 Studia Canonica 149–166.
26 Canon 493.
27 ‘Consultation’ is not binding but, as Green points out: ‘When the bishop or pastor is to consult a given group, he must not simply come to the meeting with his mind made up and basically seek its ratification of a decision already made. He must seek out the opinion of each member of the group, whether or not such an opinion is actually expressed. He should also create a climate of open and honest discussion and free exchange of opinion’. T G Green, ‘Shepherding the Patrimony of the Poor: Diocesan and Parish Structures of Financial Administration’ (1996) 56 The Jurist 706–734, 711.
28 Canon 1277.
29 Canon 494.
30 Charity Commission of England and Wales, The Essential Trustee: what you need to know; what you need to do, 3 May 2018.
31 ‘In a diocese, for example, it is necessary to distinguish between the process of decision-making through a joint exercise of discernment, consultation and co-operation, and decision-taking, which is within the competence of the Bishop, the guarantor of apostolicity and Catholicity. Working things out is a synodal task; decision is a ministerial responsibility’. International Theological Commission, 2018, 69. One example of a conflict between bishop and trustees is that of Hexham and Newcastle, where three lay trustees resigned.
32 Australian Catholic Bishops Conference and Catholic Religious Australia’s Response to Royal Commission into Institutional Responses to Child Sexual Abuse, August 2018, https://catholic.org.au/images/pdf/ACBC%20CRA%20Response%20to%20the%20Royal%20Commission.pdf, accessed 11 February 2025.
33 ‘Pope names three women to Vatican’s Dicastery for Bishops’, Vatican News, Deborah Castellano Lubov, 13 July 2022, https://www.vaticannews.va/en/pope/news/2022-07/pope-francis-names-three-women-to-vatican-dicastery-for-bishops.html#:∼:text=Pope%20Francis%20appoints%20three%20women%20to%20the%20Vatican%27s,of%20the%20World%20Union%20of%20Catholic%20Women%27s%20Organizations, accessed 11 February 2025.
34 P Jones, M Pound and C Sexton, The Cross of the Moment, Durham University Centre for Catholic Studies, April 2024, 174.
35 ‘Bishop Robert Byrne ignored safeguarding warnings and put people at risk, report says’, ITVX, Tyne Tees, 12 June 2023.
36 Jones et al (note 34), 123.
37 Ibid, 124.
38 Ibid, 174.