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Code_of_Canon_Law

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who are equivalent to him, to the exclusion <strong>of</strong> the Vicar general and the episcopal Vicar except<br />

by special mandate.<br />

Can. 135 §1 The power <strong>of</strong> governance is divided into legislative, executive and judicial power.<br />

§2 Legislative power is to be exercised in the manner prescribed by law; that which in the<br />

Church a legislator lower than the supreme authority has cannot be delegated, unless the law<br />

explicitly provides otherwise. A lower legislator cannot validly make a law which is contrary to<br />

that <strong>of</strong> a higher legislator.<br />

§3 Judicial power, which is possessed by judges and judicial colleges, is to be exercised in the<br />

manner prescribed by law, and it cannot be delegated except for the performance <strong>of</strong> acts<br />

preparatory to some decree or judgement.<br />

§4 As far as the exercise <strong>of</strong> executive power is concerned, the provisions <strong>of</strong> the following canons<br />

are to be observed.<br />

Can. 136 Persons may exercise executive power over their subjects, even when either they<br />

themselves or their subjects are outside the territory, unless it is otherwise clear from the nature<br />

<strong>of</strong> things or from the provisions <strong>of</strong> law. They can exercise this power over peregrini who are<br />

actually living in the territory, if it is a question <strong>of</strong> granting favours, or <strong>of</strong> executing universal or<br />

particular laws by which the peregrini are bound in accordance with can. 13 §2, n. 2.<br />

Can. 137 §1 Ordinary executive power can be delegated either for an individual case or for all<br />

cases, unless the law expressly provides otherwise.<br />

§2 Executive power delegated by the Apostolic See can be subdelegated, either for an individual<br />

case or for all cases, unless the delegation was deliberately given to the individual alone, or<br />

unless subdelegation was expressly prohibited.<br />

§3 Executive power delegated by another authority having ordinary power, if delegated for all<br />

cases, can be subdelegated only for individual cases; if delegated for a determinate act or acts, it<br />

cannot be subdelegated, except by the express grant <strong>of</strong> the person delegating.<br />

§4 No subdelegated power can again be subdelegated, unless this was expressly granted by the<br />

person delegating.<br />

Can. 138 Ordinary executive power, and power delegated for all cases, are to be interpreted<br />

widely; any other power is to be interpreted strictly. Delegation <strong>of</strong> power to a person is<br />

understood to include everything necessary for the exercise <strong>of</strong> that power.<br />

Can. 139 §1 Unless the law prescribes otherwise, the tact that a person approaches some<br />

competent authority, even a higher one, does not mean that the executive power <strong>of</strong> another<br />

competent authority is suspended, whether that be ordinary or delegated.

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