The Institute of Canonical Possession in the 1983 Code of Canon Law

Abstract

The Code mandates that a diocesan bishop takes canonical possession before he is capable of exercising the office to which he has been appointed. This research examined the institute of canonical possession as it particularly relates to the office of diocesan bishop. In the course of this study, the consequences of acts placed without canonical possession were outlined. The write up studied the legislative history of canon 382 to understand the mind of the legislator concerning whether canonical possession was an incapacitating law. The purposes of canonical possession were identified as the protection of communion with the Bishop of Rome. It was to ensure that bishops who were to govern dioceses had been properly appointed by the Supreme Pontiff. This research concludes by recommending that canonical possession be done always in a liturgical ceremony where all the faithful are gathered. The recommendation of canon 382, §4 be given full juridical value by mandating it and not just mere recommendation as it is in the present Code. In this way the faithful will be able to take part as the bishop begins his governance of the diocese.