Loading AI tools
Concept in jurisprudence From Wikipedia, the free encyclopedia
Sui iuris (/ˈsuːaɪ ˈdʒʊərɪs/ or /ˈsuːi ˈjurɪs/), also spelled sui juris, is a Latin phrase that literally means "of one's own right".[1] It is used in both the Catholic Church's canon law[2] and secular law.[3] The term church sui iuris is used in the Catholic Code of Canons of the Eastern Churches (CCEO) to denote the autonomous churches in Catholic communion. The Catholic Church consists of 24 churches, including the Latin Church and 23 Eastern Catholic churches.
This article needs additional citations for verification. (March 2023) |
The Latin sui iuris (the individual words meaning 'self' and 'law') corresponds to the Greek 'αὐτόνομος', from which the English word autonomy is derived.[4]
The spelling in Classical Latin is sui iuris, and in Medieval Latin sui juris. English Law gets the term from Medieval Latin, and so spells it sui juris.
Church documents such as the Code of Canons of the Eastern Churches apply the Latin term sui iuris to the particular Churches that are together the Catholic Church, the Roman Catholic Church and those in communion with it.
A church sui iuris is "a community of the Christian faithful, which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church" (CCEO.27). The term sui iuris is an innovation of the CCEO, and it denotes the relative autonomy of the oriental Catholic Churches. This canonical term, pregnant with many juridical nuances, indicates the God-given mission of the Oriental Catholic Churches to keep up their patrimonial autonomous nature. And the autonomy of these churches is relative in the sense that it is under the supreme authority of the Roman Pontiff.[lower-alpha 1]
By far the largest of the sui iuris churches is the Latin Church.[7] Over that particular church, the Pope exercises his papal authority, and the authority that in other particular churches belongs to a Patriarch. He has, therefore, been referred to also as Patriarch of the West.[8] The other particular Churches are called Eastern Catholic Churches, each of which, if large enough, has its own patriarch or other chief hierarch, with authority over all the bishops of that particular Church or rite.
The same term is applied also to missions that lack enough clergy to be set up as apostolic prefectures but are for various reasons given autonomy and so are not part of any diocese, apostolic vicariate or apostolic prefecture. In 2004, there were eleven such missions: three in the Atlantic, Cayman Islands, Turks and Caicos, and Saint Helena, Ascension and Tristan da Cunha; two in the Pacific, Funafuti (Tuvalu), and Tokelau; and six in central Asia, Afghanistan, Baku (Azerbaijan), Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
According to CCEO, the Oriental Catholic churches sui iuris are of four categories.
A patriarchal church is a full-grown form of an Eastern Catholic church. It is 'a community of the Christian faithful joined together by' a Patriarchal hierarchy. The Patriarch together with the synod of bishops has the legislative, judicial and administrative powers within jurisdictional territory of the patriarchal church, without prejudice to those powers reserved, in the common law, to the Roman pontiff (CCEO 55-150). Among the Eastern Catholic Churches the following churches are of patriarchal status:
Major archiepiscopal churches are the oriental churches, governed by the major archbishops being assisted by the respective synod of bishops. These churches also have almost the same rights and obligations of Patriarchal Churches. A major archbishop is the metropolitan of a see determined or recognized by the Supreme authority of the Church, who presides over an entire Eastern Church sui iuris that is not distinguished with the patriarchal title. What is stated in common law concerning patriarchal Churches or patriarchs is understood to be applicable to major archiepiscopal churches or major archbishops, unless the common law expressly provides otherwise or it is evident from the nature of the matter" (CCEO.151, 152). Following are the Major Archiepiscopal Churches:
A sui iuris church which is governed by a Metropolitan (Bishop) is called a metropolitan church sui iuris. "A Metropolitan Church sui iuris is presided over by the Metropolitan of a determined see who has been appointed by the Roman Pontiff and is assisted by a council of hierarchs according to the norm of law" (CCEO. 155§1). The Catholic metropolitan churches are the following:
Other than the above-mentioned three forms of sui iuris churches there are some other sui iuris ecclesiastical communities. It is "a Church sui iuris which is neither patriarchal nor major archiepiscopal nor Metropolitan, and is entrusted to a hierarch who presides over it in accordance with the norm of common law and the particular law established by the Roman Pontiff" (CCEO. 174). The following churches are of this juridical status:
The Catholic Church in Georgia used to be able to do the Byzantine Rite. However, after grueling Soviet oppression, their church was effectively forced underground and Georgian Greek Catholics are now a minority.
In civil law, the phrase sui juris indicates legal competence, and refers to an adult who has the capacity to manage his or her own affairs. It is opposed to alieni juris, meaning one such as a minor or mentally disabled person who is legally incompetent and under the control of another. It also indicates a person capable of suing and/or being sued in a legal proceeding in his own name ([[suo nomine[11]]]) without the need of an ad litem, that is, a court appointed representative, acting on behalf of a defendant, who is deemed to be incapable of representing himself.
Seamless Wikipedia browsing. On steroids.
Every time you click a link to Wikipedia, Wiktionary or Wikiquote in your browser's search results, it will show the modern Wikiwand interface.
Wikiwand extension is a five stars, simple, with minimum permission required to keep your browsing private, safe and transparent.