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Let’s talk promulgation. Last week we received the new motu proprio #TraditionisCustodes. I won’t be commenting here on the substance of the new law, which is better left to a more reflective forum, but I will make some remarks on the nature of promulgation. #CanonLawMatters
First, let’s remind ourselves of a general definition of law. There are plenty, but here’s Suarez: “law is a common, just, and stable precept, which has been sufficiently promulgated.” So all legislation requires promulgation; it is part of the legislative process.
In fact, we can say that promulgation is a “fundamental act” (Hervada) in the process of legislation, and so cannot be dispensed. This proceeds from natural justice: the subjects of the law have to know they are subjects of the law. Anything less is unjust.
