Promulgation (Catholic canon law)

[2] Promulgation is the act by which the legislator manifests to those subject to his jurisdiction the decision that he has made and makes known to them his intention to bind them to the observance of his law.

[1] Pontifical laws and apostolic constitutions begin to oblige, so far as is ex se, the whole world as soon as they have been solemnly promulgated in Rome and come to the knowledge of others.

[6]Particular laws, issued by bishops and particular councils, are promulgated in various ways but, unless specified to the contrary, take effect after one calendar month.

The exact same formulation found in Gratian's Decretum was reproduced in the 1917 Code of Canon Law,[15] while the Latin plural of the original was modified to its singular form (Leges to Lex, instituuntur to instituitur, and promulgantur to promulgatur).

Since the laws had been posted publicly in the city (Urbi), they were deemed to have been promulgated to the world (Orbi).

[3] The current method of promulgating universal laws—publishing them in the Acta Apostolicae Sedis—was introduced by Pope Pius X with the apostolic constitution Promulgandi of 29 September 1908, and was confirmed by the 1917 Code.

Such is the practice observed in England and in most of the states of the American Union, but, as it was thought too severe, the legislation of various countries requires the promulgation of laws by a special formal act, through which the text of the law is made known to the community, e.g. by publication of this text in an official journal or bulletin of the Government.

During the second period the custom, which became exclusive during the fifteenth century, developed of having the new laws read and posted up by cursores at Rome only, at the doors of the great basilicas, the Palazzo Cancellaria, the Campo de' fiori, and sometimes at the Capitol.

The value of this means of promulgation was disputed in modern times: some claimed that the Church had admitted the arrangements of Novels lxvi and cxvi of Justinian, which required provincial promulgation for some laws; others maintained that in theory publication at Rome was sufficient, but that the popes did not wish to bind the faithful before the laws were made known to them by the bishops; while others appealed to ancient customs, to which the pope should conform.

This last theory, made use of by the Gallicans and Febronianists, furnished the State with a pretext for preventing the promulgation of laws which it did not like.

A special method of promulgation was also introduced with the express or tacit consent of the Holy See for the decrees of congregations; they were published at the secretariate of the dicasteries from which they emanated.