|General Norms » The Power of Governance|
|Canon 131.||§1 Ordinary power of governance is that which by virtue of the law itself is attached to a given office; delegated power is that which is granted to a person other than through an office.
§2 Ordinary power of governance may be proper or vicarious.
§3 One who claims to have been delegated has the onus of proving the delegation.
|Canon 133.||§1 A delegate who exceeds the limits of the mandate, with regard either to things or to persons, performs no act at all.
§2 A delegate is not considered to have exceeded the mandate when what was delegated is carried out, but in a manner different to that determined in the mandate, unless the manner was prescribed for validity by the delegating authority.
|Canon 137.||§1 Ordinary executive power can be delegated either for an individual case or for all cases, unless the law expressly provides otherwise.
§2 Executive power delegated by the Apostolic See can be subdelegated, either for an individual case or for all cases, unless the delegation was deliberately given to the individual alone, or unless subdelegation was expressly prohibited.
§3 Executive power delegated by another authority having ordinary power, if delegated for all cases, can be subdelegated only for individual cases; if delegated for a determinate act or acts, it cannot be subdelegated, except by the express grant of the person delegating.
§4 No subdelegated power can again be subdelegated, unless this was expressly granted by the person delegating.
|Canon 138.||Ordinary executive power, and power delegated for all cases, are to be interpreted widely; any other power is to be interpreted strictly. Delegation of power to a person is understood to include everything necessary for the exercise of that power.|
|Canon 139.||§1 Unless the law prescribes otherwise, the tact that a person approaches some competent authority, even a higher one, does not mean that the executive power of another competent authority is suspended, whether that be ordinary or delegated.
§2 A lower authority, however, is not to interfere in cases referred to higher authority, except for a grave and urgent reason; in which case the higher authority is to be notified immediately.
|Canon 140.||§1 When several people are together delegated to act in the same matter, the person who has begun to deal with it excludes the others from acting, unless that person is subsequently impeded, or does not wish to proceed further with the matter.
§2 When several people are delegated to act as a college in a certain matter, all must proceed in accordance with can. 119, unless the mandate provides otherwise.
§3 Executive power delegated to several people is presumed to be delegated to them together.
|Canon 141.||If several people are successively delegated, that person is to deal with the matter whose mandate was the earlier and was not subsequently revoked.|
|Canon 142.||§1 Delegated power lapses: on the completion of the mandate; on the expiry of the time or the completion of the number of cases for which it was granted; on the cessation of the motivating reason for the delegation; on its revocation by the person delegating, when communicated directly to the person delegated; and on the retirement of the person delegated, when communicated to and accepted by the person delegating. It does not lapse on the expiry of the authority of the person delegating, unless this appears from clauses attached to it.
§2 An act of delegated power exercised for the internal forum only, which is inadvertently performed after the time limit of the delegation, is valid.
|Canon 143.||§1 Ordinary power ceases on the loss of the office to which it is attached.
§2 Unless the law provides otherwise, ordinary power is suspended if an appeal or a recourse is lawfully made against a deprivation of, or removal from, office.
|Canon 144.||§1 In common error, whether of fact or of law, and in positive and probable doubt, whether of law or of fact, the Church supplies executive power of governance for both the external and the internal forum.
§2 The same norm applies to the faculties mentioned in cann. 883, 966, and 1111 §1.
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