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Stella E. GIEGBEFUMWEN Thesis Submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in Partial Fulfillmen

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Stella E. GIEGBEFUMWEN Thesis Submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in Partial Fulfillmen THE ROLE OF THE CONSTITUTIONS OF A RELIGIOUS INSTITUTE OF DIOCESAN RIGHT TO DEFINE ITS RELATIONSHIP WITH THE BISHOP: A PARTICULAR REFERENCE TO THE INSTITUTE OF THE SISTERS OF THE SACRED HEART OF JESUS (NIGERIA) Stella E. GIEGBEFUMWEN Thesis submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in partial fulfillment of the requirements for the degree of Doctor of Canon Law Faculty of Canon Law Saint Paul University © Stella E. GIEGBEFUMWEN, Ottawa, Canada, 2014 ABSTRACT The objective of the thesis is to determine that the constitutions of religious institutes have a role in fostering the relationship between bishops and religious institutes. It outlines the historical development of rules and constitutions in orders and religious institutes and posits that the Church continuously underscores the importance of rules and constitutions in these institutions. Furthermore, with Vatican II and the directives of Ecclesia sanctae, the Church required institutes to review their constitutions and ensure in the ius vigens that these constitutions have the essential elements regarding their patrimony, norms of governance, discipline, incorporation, formation and the proper object of the sacred bonds, as a way for institutes to protect the unique gift of the Spirit expressed in the vocation and identity of each institute. The thesis also sketches the history of the relationship between religious institutes and bishops. It notes that though the Church has several legislation and instructions on this matter including Vatican II, various post-conciliar documents as well as the ius vigens of the Church which continue to outline aspects of the relationship, tensions and difficulties persist between the parties. In order to determine the role that the constitutions of religious institutes have in fostering this relationship, the thesis utilizes the constitutions of a non-clerical religious institute of diocesan right to examine how an institute defines aspects of its relationship with diocesan bishops identified in the ius vigens of the Church. The thesis observes that though the constitutions respond to majority of the aspects of the relationship, some matters were either lacking or not clearly and inadequately defined. Consequently, in order to enhance the relationship and minimize tensions and difficulties, the thesis underscores the necessity to respond to the inadequacies and lacunae in the constitutions as well as a review of some aspects of the relationship defined in the ius vigens of the Church. Additionally, the thesis proposes other ways to foster the relationship; these include the adequate formation of members of institutes on the different aspects of the relationship, the education of clerics on the value of consecrated persons in the Church, the need for bishops to be familiar with the constitutions of religious institutes and the need to establish a neutral structure in dioceses or at the Episcopal conferences to collaborate with CICLSAL in resolving cases that bother on this relationship. To sum up, the thesis accentuates the significance of clear and precise universal legislation and the constitutions of religious institutes in bringing about communion between institutes and particular churches. TABLE OF CONTENTS TABLE OF CONTENTS ii ACKNOWLEDGEMENTS vii ABBREVIATIONS viii INTRODUCTION 1 CHAPTER ONE THE CONSTITUTIONS OF DIOCESAN NON-CLERICAL RELIGIOUS INSTITUTES INTRODUCTION 7 1.1 - CONSECRATED LIFE IN THE CHURCH 8 1.1.1 The Origin of Consecrated Life 9 1.1.2 The Nature and Purpose of Consecrated Life 11 1.1.3 The Canonical Dimension of Consecrated Life 13 1.2 - THE DEVELOPMENT OF THE CONSTITUTIONS OF RELIGIOUS INSTITUTES 16 1.2.1. The Origin and Evolution of the Rule of Life-Constitutions for Religious 16 1.2.2. Ecclesial Recognition of Constitutions of Religious Institutes: Pre-Vatican II 20 1.2.3. A Renewed Appreciation of Constitutions in Light of Vatican II 23 1.2.3.1. Vatican II Documents on Constitutions of Religious Institutes 24 1.2.3.2. Post-Conciliar Documents on Constitutions of Religious Institutes 26 1.2.3.3. Principles and Guidelines for Renewal 27 1.2.3.4. Instruments of Renewal for the Constitutions 29 1.2.3.5. Experimentation of Renewal vis-à-vis the Constitutions 30 1.3 - CONSTITUTIONS OF RELIGIOUS INSTITUTES IN LIGHT OF THE 1983 CODE 30 1.3.1. Fundamental Principles for the Revision of the Law on Religious 31 1.3.1.1. The Principle of Subsidiarity in the Revision of the Law on Religious 32 1.3.1.2. The Principle of Shared Responsibility 33 1.3.1.3. Legislative History of the Canon on the Constitutions of Religious Institutes 35 1.3.2. Understanding Canons 578 and 587 of the Latin Code 36 1.3.2.1. The Nature of the Constitutions of Religious Institutes 37 1.3.2.2. Necessity and Purpose of the Constitutions of Religious Institutes 40 1.3.2.3. Elements of the Constitutions of Religious Institutes in Canon 578 41 1.3.2.3.1. The Nature of Institutes 43 1.3.2.3.2. The Purposes of Institutes 44 1.3.2.3.3. The Spirit of Religious Institutes 45 1.3.2.3.4. The Character of Institutes 46 1.3.2.3.5. The Sound Traditions of Institutes 47 1.3.2.4. Other Elements of the Constitutions According to Canon 587, §1 48 1.3.2.4.1. The Basic Norms on Governance 49 1.3.2.4.2. The Basic Norms on the Discipline of Members 50 1.3.2.4.3. The Basic Norms on Incorporation of Members 51 1.3.2.4.4. The Basic Norms on of Formation Members 52 1.3.2.4.5. The Proper Object of the Vows or Sacred Bonds 53 ii TABLE OF CONTENTS iii 1.3.3. Approval of the Constitutions of Non-Clerical Religious Institutes 55 1.3.4. Other Normative Documents of Religious Institutes 57 1.3.5. Binding Force of the Constitutions 59 1.4 - CONSTITUTIONS AND INTERNAL ORDER OF DIOCESAN NON-CLERICAL RELIGIOUS INSTITUTES 60 1.4.1. Internal Autonomy: Canon 586, §1 of the 1983 Code 61 1.4.2. Local Ordinaries and Preservation of Autonomy: CIC, Canon 586, §2 64 1.4.3. Other Canons regarding Non-Clerical Religious Institutes 65 1.4.4. Constitutions of Religious Institutes and the CCEO 66 CONCLUSION 66 CHAPTER TWO THE RELATIONSHIP BETWEEN DIOCESAN BISHOPS AND DIOCESAN NON-CLERICAL RELIGIOUS INSTITUTES INTRODUCTION 68 2.1 - CONCEPTUAL CONSIDERATIONS 68 2.1.1. Particular Churches 69 2.1.2. Diocesan Bishops 71 2.1.3. The Place of Diocesan Non-Clerical Religious Institutes in the Diocese 73 2.1.4. The Duties of Religious Institutes within Particular Churches 75 2.1.5. The Rights vis-à-vis Dependence of Religious Institutes 78 2.2 - RELIGIOUS INSTITUTES AND DIOCESAN BISHOPS: A HISTORICAL PERSPECTIVE 80 2.2.1. Prior to 1917 Code 80 2.2.1.1. From the Early Christians to the 6th Century 80 2.2.1.2. From the 6th to the 13th Century 81 2.2.1.3. From the 13th to the 19th Century 83 2.2.1.4. From the 20th Century Papacy to the Normae 84 2.2.2. The 1917 Code: Diocesan Bishops vis-à-vis Religious Institutes 86 2.2.3. Post 1917 Code to Vatican Council II 86 2.3 - INSTITUTES AND DIOCESAN BISHOPS: A THEOLOGICAL-CANONICAL PERSPECTIVE 87 2.3.1. Vatican II on the Relationship between Bishops and Religious Institutes 87 2.3.1.1. Lumen gentium (1964) 87 2.3.1.2. Christus Dominus (1965) 88 2.3.2. The Post-Conciliar Documents on the Matter of the Relationship 90 2.3.2.1. Ecclesiae sanctae (1966) 90 2.3.2.2. Mutuae relationes (1978) 90 2.3.2.3. Vita consecrata (1996) 92 2.3.2.4. Pastores gregis (2003) 93 2.3.2.5. Apostolorum Successores (2004) 94 2.4 - THE CIC NORMS ON THE RELATIONSHIP BETWEEN DIOCESAN BISHOPS AND DIOCESAN NON-CLERICAL RELIGIOUS INSTITUTES 95 2.4.1. Dependence of Religious Institutes on the Hierarchy 95 2.4.1.1. Legislative History of Canon 594 97 2.4.1.2. Understanding the Norm of Canon 594 98 2.4.2. Duties and Rights of Diocesan Bishops vis-à-vis Religious Institutes 99 TABLE OF CONTENTS iv 2.4.2.1. Erection of Diocesan Religious Institutes and their Houses 100 2.4.2.2. Suppression of Diocesan Religious Institutes and their Houses 104 2.4.2.3. Canonical Visitation by the Diocesan Bishop 106 2.4.2.4. Administration of Temporal Good 108 2.4.2.5. Canonical Election of the Supreme Moderator 110 2.4.3. Canon 678 of the 1983 Code 112 2.4.3.1. The Pastoral Care of the Faithful 114 2.4.3.2. Public Worship 115 2.4.3.3. The Apostolate 118 2.4.4. Other Areas Identified in the CIC 122 2.4.5. Common Responsibility of Diocesan Bishops and Religious Institutes 124 CONCLUSION 125 CHAPTER THREE THE SSH CONSTITUTIONS AND ASPECTS OF THE RELATIONSHIP BETWEEN BISHOPS AND THE INSTITUTE INTRODUCTION 127 3.1 - A RELIGIOUS INSTITUTE: THE SISTERS OF THE SACRED HEART OF JESUS (SSH) 128 3.1.1. The Establishment of the SSH Institute 128 3.1.2. The Founding Purpose of the SSH Institute 129 3.1.3. The Erection of the SSH Institute 130 3.2 - THE LEGISLATIVE HISTORY OF SSH INSTITUTE (NIGERIA) 131 3.2.1. The First Rule of Life of the SSH Institute 131 3.2.2. The Second Rule of Life of the SSH Institute 131 3.2.3. The Third Rule of Life-Constitutions of the SSH Institute 132 3.3 - THE SSH CONSTITUTIONS IN LIGHT OF CIC CANON 587: AN OVERVIEW 133 3.3.1.
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