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The Provincial Superior in a Clerical Religious Institute of Pontifical Right as 'ordinary'

出版	University of Santo Tomas, 2010
URL	http://books.google.com.hk/books?id=9sfXtAEACAAJ&hl=&source=gbs_api

註釋Why focus on the Provincial Superior? The governance of a province as an intermediate juridicial entity with respect to either the general or local level, synthesizes the elements which make up the dynamic structure of a religious institute as a whole. In it, the exercise of jurisdiction, the role of the Major Superior, his council, the members, administrations, etc., are mostly realized. The role of the Provincial Superior as Ordinary is of great significance since he synthesizes the ministerial role of being a Pastor which he assumes toward those members of Christ's flock particularly entrusted to his care. Major Superiors of clerical institutes of pontifical rigth enjoy the ecclesiastical power of governance (cfr. can. 596 § 2). The Code includes them in the list of Ordinaries (can. 134 § 1). Applying these provisions to the Superior Provincial, the main problem could be formulated, thus: "How is the Provincial Superior to comply with his office as an Ordinary?" In order to address this problem sufficiently, this research endeavours to tackle petinent questions of competence as follows: 1) How is the role of Major Superior as Ordinary to be understood?; 2) How far does the Major Superior, particularly the Provincial Superior, participate in the Sacra Potestas enjoyed by ecclesiastical superiors?; 3) How far does the Provincial Superior exercise the munus regendi?; 4) How do various legislations of different religious institute of pontifical right delineate the competence of the office of the Provincial Superior? Possible light can be drawn from the Code of Canon Law in order to delineate clearly the specific tasks which the Provincial Superior must carry out as he participates in the Potestas sacra. This work can be significant in the following senses : 1) both the subject and the authority may have a clear concept of the competence of the office and its limitations. On the part of the Provincial Superior, he may avoid extemities (i.e., abuses and indiscreet moves) in the exercise of his authority. the subject on the other hand, may be properly guided and not fall short of prudence in the eventual recourse due to alleged administrative action affecting him; 2) Taking into account the principle of subsidiarity, the competent authority at the level may have a clear concept of the range of his power so as to have timely response to problems needing urgent attention, avoiding superfluous recourse to the higher authority; 3) A sufficient clear idea of one's competence as Provincial Superior leads to the diminution of tension between the authority and the subject directly affected by acts of administrations. Corollary to the question in discussion are the other two pertinent areas worthy of more profound exposition: 1) questions concerning the recourse which are of great interest to subjects affected by the superior's administrative action; and, 2) the judicial power of the Provincial Superior envisioned in can. 1427 § 1 as he assumes the role of a 'Judge' in the first instance whenever conflicts arise between the individual members or houses of the same Province. It is hoped therefore that the role of Provincial Superior can be grasp better in terms of the rights and obligations inherent in the office, as a participation in the tria munera Christi exercised overthe respective subjects without prejudice, however, to well-established structures and systems of governance already enjoyed by old religious Orders. Further, this will be practically valuable to young religious Institutes desiring a formal establishment of a province in any of their mission territories.