Mons. Álvaro del Portillo and the Canonical Codification

Abstract

In order to evaluate Bishop Álvaro del Portillo’s contribution to the 1983 codification of canon law, it is necessary to place it in the appropriate context. In harmony with the ecclesiology that was current at that time, the 1917 Code founded all laws on the hierarchy’s power of jurisdiction. The exegetical application of the Code was the prevalent method, and a general theory of canon law had not been developed. The beginning of the 1960s was marked with a change that involved the rejection of law. With the new codification, it was necessary not only to assimilate the teachings of the Second Vatican Council but also to apply them to the canonical system. Bishop del Portillo significantly collaborated in deepening the notions of the laity and the Christian faithful as well as their respective fundamental juridical statuses, and he highlighted the proper and specific function of the laity in the fulfilment of the mission of the Church. He also contributed to the current arrangement of the legislation on clerics and on the hierarchical structure of the Church.