Decree (Catholic canon law)

Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life A decree (Latin: decretum, from decerno, 'I judge') is, in a general sense, an order or law made by a superior authority for the direction of others.

[note 1] The Roman congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction, but were forbidden from continuing to do so under Pope Benedict XV in 1917.

Precepts are a kind of singular executory decree, which bind specific person(s) to do or refrain from some act, especially to observe the law.

But there are varying opinions as to whether such judgment is to be taken as a rule or general law applying to all similar cases.

If, however, the decision is not an enlargement, but merely an explanation of the law (declaratio comprehensiva legis), such decree binds in similar cases.

On 15 September 1917, by the motu proprio Cum Iuris Canonici,[3] Pope Benedict XV made provision for a pontifical commission charged with interpreting the code and making any necessary modifications as later legislation was issued.

[5] The Roman congregations were forbidden to issue new general decrees, unless it was necessary, and then only after consulting the pontifical commission charged with amending the code.

If approval is given in formâ specificâ the decrees have the same force as if they emanated from the Apostolic See, though they are binding only in the province for which they are made.

Hardcover of the 1917 Code of Canon Law