A New Kairos for Canonical Constitutional Law?

Abstract

Taking as its starting point the recent publication of all the preparatory materials relating to the project of the Lex Ecclesiae Fundamentalis, which, as is well known, was never promulgated, this essay offers a series of reflections on the current state of the ius canonicum. Also in light of certain legal deviations in recent years - in which there has been an evident weakening of several fundamental principles rooted in the ius divinum, in the perennial magisterium and in the history of the Catholic Church - the contribution argues for the need to finally make full use of the extraordinarily rich body of scientific thought on canonical constitutional law. This is especially necessary in order, by establishing the inviolable boundaries of the exercise of power, including the pope’s supreme power, to safeguard and promote the rights of the faithful more effectively. In this way, the Church, taking seriously “the thirst for justice that is the key instrument for building the common good in every human society” (Leo
XIV), may offer credible witness before secular legal orders.