| Set up a Constitution for
the Catholic Church. Those were the instructions of Pope Paul VI during
the Second Vatican Council (1962-65). There have in fact been numberless
elements of a Constitution in many of the Church's documents over the centuries.
Further, there are even substantial portions of a written Constitution
which are now part of the 1983 Code of Canon Law. However, that "partial
Constitution" is not complete, nor does it talk about the democratic sharing
of responsibilities to the extent that many of the past governance structures
of the Catholic Church have done.
Flowing from the vision projected
by and the energies released at the Second Vatican Council is an increasingly
broad movement toward writing, adopting and living a Constitution in the
Catholic Church. That Constitution would be in the spirit of Jesus' Gospel
of liberation and love and adaptive of the most mature governance principles
available at the edge of the Third Millennium.
The following pages are a
draft of "A Proposed Constitution of the Catholic Church." The draft has
been drawn up on the basis of Gospel values, Church history and theology,
canon law, Vatican II documents, the "Fundamental Law of the Church" (Lex
Ecclesiae Fundamentalis) commissioned in 1965 by Pope Paul VI, the 1983
Code of Canon Law, and the experience of civil constitutional law of the
past two hundred years. The Constitution's list of rights and responsibilities
is drawn from the "Charter of the Rights of Catholics in the Church," drawn
up with world-wide consultation by the "Association for the Rights of Catholics
in the Church" (ARCC). This Charter, in turn, is partially based on the
1948 "Universal Declaration of Human Rights" of the United Nations.
This Proposed Constitution
has been carefully researched, thought through, and drafted by the Association
for the Rights of Catholics in the Church (ARCC). It was then submitted
to many, many individuals and groups, including the European Network of
Rights in the Church - and now the International Movement We are Church
(IMWAC) - and consequently re-revised numerous times. Nevertheless, it
is obviously intended as a draft to launch a discussion which must range
long, wide and deep before the Constitution will begin to be accepted as
an effective instrument to undergird the governance of the Catholic Church.
The discussion needs to include
the experience and wisdom of groups such as constitutional lawyers, experts
in political science, canon lawyers, theologians, church historians, pastors,
bishops, popes, business people, sociologists, psychologists, educators,
etc., as well as parents, young persons, older persons, women, men - in
short, all categories of the members of the Catholic Church. We will also
want to learn from the experience of persons of other churches which have
developed various forms of responsibility-sharing, democratic, structures
in their own governance; we will want to learn by their positive and negative
experiences.
Perhaps the most important
change that must be brought about in order to make a Catholic Constitution
a reality is a change in the consciousness or mentality of Catholics, laity
and clergy. The Catholic tradition and community must be seen and experienced
as a living source of how to make life meaningful and vital - whole, (w)holy,
as something liberating for which mature Christians feel a reciprocal sense
of responsibility. That includes an adult sharing in claiming rights and
accepting responsibilities, in short, a sharing in democracy - in a Constitution.
Therefore ARCC and Network
urge:
-
a) That all Catholic individuals,
organizations and groups focus their attention on a deep and wide reflection,
thorough discussion, and eventual action on the idea, principles and specifics
of Catholic responsibility-sharing, of a democratic Catholicism and a Constitution
for it.
-
b) That all constructive suggestions
on how to improve the Constitution be submitted in writing (address at
the end). Remember, this is a constitution, not a compendium of all theology
or desirable laws - therefore brief and limited to essential principles,
procedures and structures
-
c) That all Catholic individuals,
organizations and groups use every creative means to disseminate and publicize
the idea, principles and specifics of a democratic Catholicism and of a
Constitution - e.g., through newspaper and periodical articles, newsletters,
letters to the editor, textbooks, homilies, lectures, classes, radio and
TV broadcasts, e-mail, World Wide Web.
-
d) That all Catholics urge
their pastors not to wait for action from above or below, but immediately
start in motion a process bringing together all the ements of his parish
to draw up a "parish constitution" by which the parish will be governed.
There
are no restrictions on this matter in the 1983 Code of Canon Law; it lies
completely in the hands of the pastor to initiate without any permissions
needed.
While
it is true that a subsequent pastor would not have to honor his predecessor's
Constitution, the ball would have been set rolling, and it would be difficult
to reverse the momentum. This would be especially true if several pastors
were successfully to inaugurate Parish Constitutions. Clearly a successfully
drafted and implemented Parish Constitution would also have a very positive
effect on other parishes and on the diocese.
-
e) That all Catholics urge
their bishops not to wait for action either from above or below, but immediately
start in motion a process of bringing together all the elements of his
diocese to draw up a "diocesan constitution" by which the diocese will
be governed. There are no restrictions on this matter in the 1983 Code
of Canon Law; it lies completely in the hands of the local bishop to initiate
without any permissions needed. Moreover, there is the shining example
of the "Diocesan Constitution" of Bishop John England of Charleston, SC
(1820-1842), arguably the most outstanding bishop in American Catholic
history.
While it is true that a subsequent bishop would not have to honor his predecessor's
Constitution, the ball would have been set rolling, and it would be difficult
to reverse the momentum. This is especially true if several bishops were
successfully to inaugurate Diocesan Constitutions. Clearly a successfully
drafted and implemented Diocesan Constitution would have a very positive
effect on the parishes in the diocese, and on other dioceses.
-
f) That all "religious" use
their special charism of a long and intense experience of constitutions,
democratic structures, dialogue and subsidiarity, especially in the profound
revision and renewal of structures all religious societies went through
in the years after Vatican II - that they use this charism to help the
Universal Church understand that these democratic principles expand and
deepen one's Christianness.
Each Society of Religious ought to consciously strategize how it can
make this sharing of their experience of and wisdom about democratic structures
and spirit in the Church a priority in their apostolate to the universal
Church. Further, each religious society ought to seek out collaborative
groupings with other religious societies - and lay and priestly organizations.
The journey to a written and
adopted "Constitution of the Catholic Church" will doubtless be long, arduous
and probably also serpentine. But it is a journey that a growing number
of Catholics increasingly feel must be undertaken. Those of us so convinced
now have not only the privilege but also the responsibility to push on
in the journey, even though we personally may not arrive at the final destination.
Professor Leonard Swidler,
Religion Department, Temple University, Philadelphia, PA 19122, USA
Tel: 215-204-7251; Fax:
215-204-4569; E-mail: dialogue@vm.temple.edu;
web: http://blue.temple.edu/~dialogue
|