Ordinance (canon law)
In the context of canon law, an ordinance refers to a decree, law, or regulation issued by a competent ecclesiastical authority. This authority is typically a bishop, a synod (council), or, most significantly, the Pope. Ordinances are generally intended to govern the conduct of clergy, religious, and the faithful, and to regulate the life of the Church within a particular jurisdiction or on a universal scale.
The term "ordinance" can encompass a wide range of canonical prescriptions, dealing with matters of liturgical practice, sacramental administration, moral conduct, the governance of institutions like parishes or religious orders, and other aspects of Church life. Ordinances can be temporary or permanent, and they can be adapted or repealed by the issuing authority or by a higher authority.
The force of an ordinance depends upon the authority of its promulgator and the scope of its application. Papal ordinances, issued in the form of constitutions, decrees, or other official documents, generally carry the highest authority and are binding on the entire Catholic Church (or the portion thereof addressed in the ordinance). Diocesan ordinances, issued by a bishop for his diocese, are binding within that specific territory.
It is crucial to distinguish between divine law (established by God) and ecclesiastical law (established by the Church). Ordinances fall under the latter category. They are human laws designed to implement, interpret, and apply divine law in concrete situations. While divine law is immutable, ecclesiastical ordinances can be changed to meet the needs of the Church in different times and places.
The interpretation of ordinances is a complex task, often requiring careful attention to the text, the intention of the legislator, and the broader context of canon law. Canonical jurisprudence provides principles and guidelines for interpreting and applying ordinances in specific cases.