Last week’s post focused on the first broad dimension of subsidiarity in the Church, namely, the layered structures within the Church. Today’s post examines the second category: delegation of the power of governance.
The power of governance (potestas regiminis) is the authority by which the Church orders, directs and judges the life of the faithful. The power of governance in the Church is rooted in Christ, the Head of the Church, the source of all authority in the Church, who founded the Church, and whose mystical body the Church is. It is a power of divine institution (Can. 129 §1), exercised through the hierarchy in three distinct but interrelated ways: legislative, executive and judicial (Can. 135 §1).
Delegation is the lawful transfer of a portion of the ordinary power of governance of a superior to another person, who then exercises that authority in the name of the delegator. Delegation expresses the communion of the Church’s hierarchy, who act in the name of Christ, the source of all authority in the Church. The delegation of governance power dates back to Christ, who sent the 70 disciples to places he would later visit (Luke 10:1), and to Peter and John, who were sent to prepare the venue for the Last Supper (Luke 22:8).
Delegation is a manifestation of the principle of subsidiarity because, by delegating, the Church respects the principle that authority should be exercised at the most local level capable of carrying out the duty. In this way, the Church fosters participation of the faithful while preserving unity.
Delegation is also a manifestation of the spirituality of canon law, as it ensures that suitable persons govern the Church, thereby protecting the integrity of sacraments, maintaining governance within the Church, promoting justice, and ultimately, safeguarding and promoting the relationship of the faithful with God.
Legislative power is not delegable unless the law expressly permits it. This restriction concerns only legislators below the Pope and an Ecumenical Council. A lower legislator cannot issue a law contrary to a higher law (Can. 135 §2). However, a lower legislator with executive power can dispense a higher law. As discussed in Post 222, dispensation does not abrogate or derogate a law; it only mitigates or suspends the obligation of a law in a particular case (Can. 85). Laws that define things essentially constitutive of juridical institutes or acts are not subject to dispensation (Can. 86). Subsidiarity guarantees that legislative authority remains at the proper level and that higher authority only intervenes when necessary. Judicial power cannot be delegated, except for preliminary acts such as instructing a case (Can. 135 §3).
Executive power may be delegated to a lower authority; sub‑delegation (a delegated person delegating another) is allowed only when expressly granted (Can. 137). A lower authority must not intervene in cases already submitted to a higher authority except for a grave and urgent cause, and must promptly inform the higher authority (Can. 139 §2). This reinforces the notion that higher authority intervenes only when a lower authority is unable to act, thereby preserving the proper order of competence. It also shows that the ordinary (lowest) authority handles matters unless the law provides otherwise, embodying subsidiarity in the exercise of governance.
Executive power delegated by the Apostolic See can be subdelegated for a single act or for all cases unless the original grant expressly forbids it or the delegate was chosen for personal qualifications. Executive power delegated by another authority can be subdelegated only for individual cases if the delegation was for all cases. However, it cannot be subdelegated if the delegation was for a single or specific act, except if the original delegator authorises it. Subdelegated power cannot be subdelegated again except that the original delegator expressly grants it (Can. 137).
Delegated power ceases when any of the following occurs: the mandate is fulfilled, the time expires, the number of cases for which it is granted is completed, the purpose of the delegation is fulfilled, the one delegating revokes the delegation, or the delegate resigns and the resignation is accepted by the one delegating. Delegation does not cease when the authority of the delegator expires, except that this clause is attached (Can. 142 §1).
Tension sometimes exists between parish priests and assistants, as well as between other subordinates and superiors, regarding subsidiarity and delegation.
Canon 519 states: “The parish priest is the proper pastor of the parish entrusted to him, exercising the pastoral care of the community committed to him under the authority of the diocesan bishop…with the cooperation of other presbyters or deacons and with the assistance of lay members of the Christian faithful, according to the norm of law.” Can. 545 §1 states that parochial vicars are co-workers with the parish priest and are “to offer service in the pastoral ministry by common counsel and effort with the pastor and under his authority”.
As the proper pastor, the parish priest exercises ordinary executive power within the parish jurisdiction, and can therefore delegate the assistant to carry out duties. Subdelegation can cause tensions if the parish priest has not expressly granted it. The extent to which an assistant can subdelegate depends on the matter and the parish priest. This is why the assistant should suspend certain actions or decisions and refer them to the parish priest for review and consideration.
A concrete example occurs at a marriage celebration delegated to an assistant priest. If, without prior notice to the parish priest, a senior priest arrives at the ceremony, the assistant struggles with delegation, subsidiarity, and deference to the senior priest. Depending on the parish/diocesan custom, the assistant should call the parish priest on the phone before delegating the senior priest. If he cannot reach the parish priest, he may allow the senior priest to preside at the Mass; however, the assistant must still receive the matrimonial consent. The only exception is if the senior priest is the local Ordinary, namely, the bishop or vicar general of the diocese, or the episcopal vicar of the region. The dean or vicar forane of that zone is excluded, as well as the local Ordinary of another diocese or episcopal region (cf. Cann. 1108 §§1-2; 134 §§1-2).
In all, the assistants and subordinates should not usurp the authority of the parish priest or superior. They should apologise if they have done so, or if the parish priest or superior misinterprets subsidiarity, delegation, or subdelegation.
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
