Do not the Cardinals have the authority, in the absence of a pope, to legislate anything he would normally legislate?
Apparently not, according to Peters.
So what you're saying is "Read the article"? :blush:
Dr. Edward Peters JCD, JD wrote:
I agree that March 15 is far too long to wait to begin choosing a new pope. But the proper solution, in my view, is for the Legislator to derogate from UDG 37 by either (A) setting an earlier conclave start date or (B) expressly delegating the interregnal cardinalatial commission to fix an earlier date.
The legalities of papal conclaves are among the last things on earth that should be thrown into question.
UDG 1. During the vacancy of the Apostolic See, the College of Cardinals has no power or jurisdiction in matters which pertain to the Supreme Pontiff during his lifetime or in the exercise of his office; such matters are to be reserved completely and exclusively to the future Pope. I therefore declare null and void any act of power or jurisdiction pertaining to the Roman Pontiff during his lifetime or in the exercise of his office which the College of Cardinals might see fit to exercise, beyond the limits expressly permitted in this Constitution.
UDG 4. During the vacancy of the Apostolic See, laws issued by the Roman Pontiffs can in no way be corrected or modified, nor can anything be added or subtracted, nor a dispensation be given even from a part of them, especially with regard to the procedures governing the election of the Supreme Pontiff. Indeed, should anything be done or even attempted against this prescription, by my supreme authority I declare it null and void.