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Jean-Michel Lavoie's avatar

Thank you for bringing this important matter to the fore. I am not a canon lawyer, but as you state, no such expertise is warranted in this case : the facts are plain to see. If the hierarchy can so openly flout its own laws without consequences, it makes one wonder how it can be trusted to be the custodian of Divine laws... As many others, I don't know what to make about this situation, but cling to Christ and to paraphrase our Lady "do whatever he tells us".

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Fr. Pablo Ormazabal Albistur's avatar

You are pointing a fair question. An important one. It must not be avoided. I am not going to talk how the Catholic media does (not) treat this issue. It is beyond my competence. I am myself as you know a canon lawyer. My personal interpretation is that cardinal Provost has been elected validly. And he is indeed Pope Leo XIV. I am not going to quote all the canons just to explain my juridical reasoning. I do agree that UDG has this so big failure that you point at. In this sense it is a contradiction and a bad law and in some sense a lack of rationality. The explanation given by the Congregation of Cardinals was not correct. You have to prove the dispensation “given” by Pope Francis about the electors. And until this day not prove has been shown (and for the sake of Peace and Unity in the church if it exists it should be shown). The central question is that they made an “actus contra legem” (and act against the law). In principle this is an invalid juridical act. But why they did so? Because they acted against an ecclesiastical law in favor of a juridical act that has it’s legal basis on divine-positive law. Since there is not supreme legislator on the Conclave one cannot interpret authentically a pontifical decision or law neither change it. And neither the bishops neither the cardinals have the right to change a universal law given by a supreme Pontiff. Only a Council can do it but there must be a Pope in it. It is not the case. And since you do not have a Pope and you cannot are never going to have it otherwise they act accordingly to divine-positive law which allows them to elect a successor of the Apostle Peter for the see of Rome contradicting and going against an ecclesiastical law. Divine law is above ecclesiastical law and is one of the main reasons why you can go against an ecclesiastical law if it is impossible to fulfill . It is true that they had the other alternative of the 13 cardinals renouncing to the election but this possibility I am explaining stands firm. Of course no one has explained things in this sense and I do not see no one worried about this issue. And they should be.

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