Article I: On the Author of Ecclesiastical Law

324. All those can make law who enjoy perfect public power of ruling, or political jurisdiction, over a perfect community or a part of it. In the Church, power, from the will of Christ, belongs by ordinary divine right to the Supreme Pontiff (Mt. XVI, 19; Jn. XXI, 15-18) and to bishops (Mt. XVIII, 18; XXVIII, 20); by ecclesiastical right it can be conceded also to others. But one kind is called ordinary, had by force of one's own office; another delegated, from a special commission of him who has ordinary power (c. 197, § 1). Hence they can make laws who enjoy:

2. This is always vicarious, or to be exercised in the name of another; but ordinary power can be proper or vicarious according as it is exercised in one's own name or in the name of another. But that difference does not regard legislative power.

a) ordinary perfect jurisdiction in the external forum:

1. the Supreme Pontiff for the whole world and any part of it (c. 218), whether alone, or with others, e.g., Roman Congregations, by whose aid he composes or issues decrees which he himself confirms;

2. a Council: an ecumenical council (c. 228) confirmed by the Roman Pontiff (c. 227) for the whole Church; a plenary council for its territory (c. 290), e.g., a national council for a nation, a provincial council for a province; but the decrees of particular councils cannot be promulgated before they have been reviewed by the Sacred Congregation of the Council (c. 291, § 1); likewise a diocesan synod for a diocese (c. 356);

3. bishops for their subjects, even outside a synod (c. 362); likewise, when the see is vacant, the chapter of the cathedral church (c. 429 and 431) or the college of consultors (c. 427) and the capitular vicar (c. 435), although this is not expedient unless for urging laws previously enacted or there is need during a very long vacancy, yet in such a way that "nothing be innovated" (c. 436); likewise those who exercise episcopal jurisdiction, such as prelates nullius and exempt prelates for the territory subject to them (c. 323); likewise apostolic vicars and prefects for their region (c. 294), and apostolic administrators permanently constituted (c. 315);

4. religious Orders and exempt clerical religions in general chapter (c. 501, § 1);

b) or jurisdiction delegated by the Pontiff: legates, nuncios, etc., for the region to which they are sent and according to the tenor of the concession and of their faculties; likewise vicars general by special delegation of the bishop;

c) but not those who lack such jurisdiction:

1. rectors of lower communities: parishes, monasteries, sodalities, universities, a non-exempt religion (c. 501, § 1), etc.; their statutes, however, can have the force of obligating from the pact or vow of subjects, or from dominative authority, or from the will of the legislator;

2. superiors general or general chapters of a lay religion even if exempt, because only clerics are able to obtain jurisdiction in the Church (c. 118);

3. abbesses or superioresses: for although by domestic authority they can command, nevertheless no power of jurisdiction in the Church belongs to women.