Divine Law in the Constitutional Law of the Church

Abstract

The article examines the relationship between divine law and constitutional law in the historical-epistemological, conceptual and practical (living-law) horizon. In the evolution of the epistemological perspective, it examines the public-law and law-asorder theories, dwelling especially on Hervada’s scientific-phenomenological proposal. Distancing itself from Molano’s restriction (the equating of constitutional and divine law), it illustrates how not all constitutional law is divine law and not all divine law is constitutional. The constitutional configuration of divine law warns against possible extrinsicist and normativist deviations and explores the specificity and uniqueness of canonical juridicity. The centrality of communal goods and the rights of the faithful is the fulcrum through which to grasp the ius divinum. The examination of the Church’s ‘livingconstitution’ seeks to avert the risk of downplaying the truthful foundation of the ius by hinting. The conclusion is a call for the promotion and impetus of the constitutive authenticity of ius divinum.