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NAVIGATION: You are presently looking at Part XIII
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 This is the whole
of final chapter of Professor Swidler's presentation to the Old St Mary's
Parish in Philadelphia. In this final talk he examines in detail the elements
that go into making an ideal constitution. As he explains, each constitution
would be particular to the circumstances of each parish and when he uses
the term "ideal" here he is analysing the constitutions that
might emerge not in terms of "one size fits all" but the essential
elements that each parish needs to consider in creating the ideal constitution
for their particular circumstances. Tomorrow, to conclude this series,
we will present A Proposed Constitution for the Entire Catholic Church
which Dr Swidler presented as an Appendix to his original talks. As he
suggests in today's paper, the parish constitution would ideally be understood
within the context of some sort of global constitution as proposed by
Pope Paul VI and earlier advocates of such a Constitution.
An ideal Parish Constitution analyzed
I. BACKGROUND
Why a written document? As we have seen earlier, for the same reason
we have written gospels, namely, to put into writing the very nature of
the Parish, its purpose, the respective responsibilities and authority
of the lay and clerical leaders and various parish organizations —
in sum, the way members celebrate and live their Catholic faith in this
Parish community. Must the Parish community be subject to the whim and
will of each pastor? Is the priest the Parish, or are the people, who
live their lives and faith there, giving it life and vitality? Priests
come and go, but the community remains. The people create the conditions
and spirit of the Christian Parish community and the priest serves and
ministers to them.
Clearly, each Parish is different, has its strengths and weakness, its
own customs and celebrations, and therefore should have its own written
Constitution to spell out its mission, its own best practices, its particular
way of organizing, within the Constitutions of the diocesan, national/regional,
and universal Church, as a means of continuity through changing lay and
clerical leadership, to be adapted as needed.
Creating such a Constitution takes a great deal of work by a dedicated
team-oriented Drafting Committee. As already noted, the entire Parish
needs to be involved in the creation of the Parish Constitution. Hence,
the Drafting Committee must be chosen by the entire parish and needs to
include the input of the Parish Council, Finance Committee, other organizations
and special groups. The whole parish should be kept informed of the progress
in the formulation of the Constitution. Not only is the development of
a Parish Constitution a vital project in itself, but the process alone
can give new life, insights, and perspectives to the Parish.
The work of the Parish or the Drafting Committee cannot be done here.
However, what can be done is to look at what thinking and writing has
been done on the matter of a contemporary Catholic Constitution. Although
what I suggest that we look at here is in the form of a Parish Constitution,
it is essentially taken from the Proposed Catholic
Constitution for the Universal Church which can be found at
http://arcc-catholic-rights.net/serv02.htm.
Nevertheless, much of its initial part will be pertinent to a Parish Constitution,
especially the portion dealing with the general rights and responsibilities
of all Catholics and the general principles that should prevail in all
governance. Because that material is quite extensive, In beginning to
work with a Parish Meeting, or Parish Council, or any other community
group, I recommend that first all of section II and III A and B be read
aloud through without stopping for questions or discussion, but perhaps
making marks on the documents to come back for questions and discussion.
Then each section can be read through again slowly, discussing it thoroughly,
and notes be taken on what parts of it might be useful in drafting this
Parish Constitution.
By way of general background to the following document, the Proposed
Catholic Constitution (see Appendix), on which it is based, was created
under the auspices of the Association for the
Rights of Catholics in the Church (ARCC)
in collaboration with many Catholic renewal groups both in the United
States and in Europe, Africa, and Asia over several years. I served as
the Chair of the Drafting Committee (see: http://arcc
catholic rights.net/constitution.htm).
II. CREATING A PARISH (DIOCESE) CONSTITUTION PROCEDURAL
GUIDELINES
A. GOALS
This is what a Parish (or Diocesan) Constitution should have when fully
developed. All these elements may not be immediately obtainable, but for
progress to be made, it is vital to have a vision of these goals; only
then can strategies to reach them be developed. Reminder: It is absolutely
essential that the Parish write a Constitution, and then live by it.
1. Decision-Making Power
All aspects of Parish life should be under the jurisdiction
of the Constitution, which in subsidiarity will be in line with the Constitutions
of higher bodies; any action contrary to it would be void. The rights
and responsibilities of all Parish officers and agencies should be clearly
spelled out. Lay women and men as well as clergy should have real decision-making
power-not merely advisory.
2. Representativeness
All bodies of the parish, especially the Parish Council,
should be equitably representative, being chosen from the entire community,
including all elements, e.g., women, men, young, old, single, married.
3. A Bill of Rights
The rights of all individuals and groups must be spelled
out clearly in a Bill of Rights/ Responsibilities section
4. Due Process of Law
There needs to be a judicial body which can adjudicate
all complaints and protect the rights of all as listed in the Constitution;
it needs to have real decision-making power to which everyone is subject.
5. Accountability/Transparency
All decision-making must be accountable to its responsible
superior and eventually the whole Parish. With appropriate safeguards
for personal privacy, all decision-making must be transparent to all.
B. INTERIM STEPS
1. Start Where You Are
"Rome was not built in a day"- nor was it transformed
in one either! Remember, the best can be the enemy of the good. Start
wherever you are in your parish by using the possibilities that are actually
present. You get involved in your parish by volunteering, accepting a
responsibility. Make yourself, and like-minded "democracy-oriented"
parishioners, accepted so your opinion will carry more weight. Note: Canons
537 & 1280 require Finance Committees with decision-making power.
2. Dialogue
If you don't already have a perfect parish with a perfectly
functioning Constitution-and fellow parishioners are not going to immediately
fall in line when you suggest that you ought to have a fully democratic
parish with a Constitution-perhaps they will need to be persuaded. You
too will have much to learn from them and together with them. The way
to make all this happen is through Dialogue, meaning first of all respectful,
open listening, and then clear, respectful explaining of your ideas. As
the ancient Latin phrase has it: Festine lente! Make haste slowly!
3. Education to Change Consciousness
to Pro-Democracy/Constitution
Many Catholics will be very suspicious, or even worse,
of the idea of a democratic Catholicism and of a Constitution. Many will
have the "feeling" that such "politics" does not belong
in a sacred body like the Church. In the wake of all the sexual abuse
scandals, this is beginning to change, and the momentum should be seized
upon. Perhaps the most important thing that needs to be done in order
to usher in a more democratic Catholicism and a Constitution is changing
Catholic consciousness to accept and affirm them. This will require a
massive education program through books, articles, lectures, study groups,
field visits....
4. Making All Accountable and
Transparent
In the wake of the national clerical sexual abuse scandals,
it is imperative that all decision-making be completely transparent. This
is especially important in financial matters. Use whatever bodies are
available to urge transparency/accountability-personal conversations,
public statements at meetings of all parish bodies, letters, parish bulletin....
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This Constitution provides the framework within which
the Parish governs itself. The Constitution sets forth the fundamental
rights and corresponding responsibilities of members and the basic
structure for decision-making and action within the Parish. All
laws, regulations and customs of the Parish shall be carried out
within this Constitution's framework and spirit, which in turn operates
within the Constitutions of the diocese, National and Regional,
and Universal Church..
I. PREAMBLE
- We the people of Parish X hold that because all men
and women are created in God's image and likeness and that the
same divine teaching on how they should live is written in every
human heart, all persons are to be treated with dignity and equality,
each person having the same fundamental rights and responsibilities.
- We hold that by our faith in God through Jesus and
our baptism with water and the Holy Spirit, all Christians become
"members of the body of Christ," that is, the Church
universal, and are committed to living out the Gospel proclaimed
and lived by Jesus. We further hold that all Christians who recognize
the Ministry of Unity which has historically been exercised by
the Bishop of Rome, are members of the Catholic Church (hereafter,
simply, the Church), and we here are members of Parish X.
- We hold that the Church's mission, grounded in the
Gospel, is to proclaim and show forth Jesus' Good News of how
to live a fully human life as images of God in individual and
communal justice and love. We hold that the Church realizes this
mission within the context of the laws which it enacts to foster
and preserve the spirit of the Gospel and to assist its members
as they endeavor to live in the love of God and neighbor.
Fundamental to the Church's, and hence also Parish X's mission
are certain rights and responsibilities which pertain to all members.
II. RIGHTS AND RESPONSIBILITIES
- The following are the Church members' fundamental
rights, flowing either from their basic human rights or their
basic baptismal rights. Each right entails a corresponding responsibility
on the part of the rights holders, some of which are so obvious
that they do not require specific articulation. In all instances
these rights and responsibilities apply to all Catholics, regardless
of race, age, nationality, sex, sexual orientation, state-of-life,
social or economic position.
A. BASIC HUMAN RIGHTS AND RESPONSIBILITIES
- All Catholics have the basic human rights e.g., (a)
freedom of action, (b) freedom of conscience, (c) freedom of opinion
and expression, (d) the right to receive and impart information,
(e) freedom of association, (f) the right to due process of law,
(g) the right of participation in self-governance, (h) the right
to the accountability of chosen leaders, (i) the right to the
safeguarding of one's reputation and privacy, (j) the right to
marry, (k) the right to education)and the corresponding duty to
exercise them responsibly.
- As a consequence of the basic human right of freedom
of action, all Catholics have the right to engage in any activity
which neither causes harm nor infringes on the rights of others.
- As a consequence of the basic human right of freedom
of conscience, all Catholics have the right and responsibility
to follow their informed consciences in all matters.
- As a consequence of the basic human right to receive
and impart information, all Catholics have the right of access
to all information possessed by Church authorities concerning
their own spiritual and temporal welfare, provided such access
does not infringe on the rights of others.
- As a consequence of the basic human right of freedom
of opinion and expression, all Catholics have the right to express
publicly in a responsible manner their agreement or disagreement
regarding decisions made by Church authorities.
- Laity have the right and responsibility to make
their opinions known in a responsible manner, especially where
they have first-hand experience of the issue at hand.
- Catholic teachers and scholars of theology have
a right to, and responsibility for, academic freedom; the
acceptability of their teaching is to be judged in dialogue
with their peers)and, when appropriate, Church authorities.
Such scholars and teachers will keep in mind that the search
for truth and its expression entails following wherever the
evidence leads, and hence, the legitimacy of responsible dissent
and pluralism of thought and its expression.
- As a consequence of the basic human right of freedom
of association, all Catholics have the right to form voluntary
associations to pursue Catholic aims; such associations have the
right to decide on their own rules of governance.
- As a consequence of the basic human right to due
process of law, all Catholics have the right to be dealt with
according to commonly accepted norms of fair administrative and
judicial procedures without undue delay, and to redress of grievances
through regular procedures of law.
- As a consequence of the basic human right of participation
in self-governance, all Catholics have the right to a voice in
decisions that affect them, including the choosing of their leaders,
and a duty to exercise those rights responsibly.
- As a consequence of the basic human right to the
accountability of chosen leaders, all Catholics have the right
to have their leaders render an account to them.
- As a consequence of the basic human right to the
safeguarding of one's reputation and privacy, all Catholics have
the right not to have their good reputations impugned or their
privacy violated.
- As a consequence of the basic human right to marry,
all Catholics have the right to choose their state in life; this
includes the right for both laity and clergy to marry, remain
single or embrace celibacy.
- As a consequence of the basic human right to marry,
with each spouse retaining full and equal rights during marriage,
all Catholics have the right to withdraw from a marriage which
has irretrievably broken down.
- All such Catholics retain the radical right
to remarry; and
- All divorced and remarried Catholics who are
in conscience reconciled to the Church retain the right to
the same ministries, including all the sacraments, as do other
Catholics.
- As a consequence of the basic human rights to marry
and to education, all Catholic parents have the right and responsibility,
- To determine in conscience the size of their
families,
- To choose appropriate methods of family planning,
and
- To see to the education of their children.
B. BASIC BAPTISMAL RIGHTS AND RESPONSIBILITIES
- As a consequence of their baptism, all Catholics
have the right to receive in the Church those ministries which
are needed for the living of a fully Christian life, including:
- Worship which reflects the joys and concerns
of the gathered community and instructs and inspires it;
- Instruction in the Christian tradition and the
presentation of spirituality and moral teaching in a way that
promotes the helpfulness and relevance of Christian values
to contemporary life; and
- Pastoral care that applies with concern and
effectiveness the Christian heritage to persons in particular
situations.
- As a consequence of their baptism, all Catholics
have the right,
- To receive all the sacraments for which they
are adequately prepared,
- To exercise all ministries in the Church for
which they are adequately prepared, according to the needs
and with the approval or commissioning of the community.
- As a consequence of their baptism, all Catholics
have the right to expect that the resources of the Church expended
within the Church will be fairly distributed on their behalf.
Among other concerns, this implies that,
- All Catholic women have an equal right with
men to the resources and the exercise of all the powers of
the Church;
- All Catholic parents have the right to expect
fair material and other assistance from Church leaders in
the religious education of their children; and
- All single Catholics have the right to expect
that the resources of the Church be fairly expended on their
behalf.
- As a consequence of their baptism, as well as the
social nature of humanity, all Catholics have the corresponding
responsibility to support the Church through their time, talents
and financial resources.
III. GOVERNANCE STRUCTURES
A. FUNDAMENTAL INSIGHTS
- Through the centuries the Church has wrestled with
the concrete issues of the exercise of power and law, without
which no society can survive, let alone develop humanly. In this
long period the Church both benefitted and suffered from many
experiments with power and law in a great variety of cultures.
In testing them for itself the Church gained wisdom in both negative
and positive ways, i.e., it learned much about what works well
and what does not.
- Two key insights gained from all these experiences
are fundamental for the governance of the Church in the third
millennium. One is that shared responsibility and corresponding
freedom are at the heart of being human, both individually and
communally. The second is that the most effective means of arriving
at an ever fuller understanding of reality is through dialogue)which
should be carried on both within the Church and with those outside
the Church. It is on this long experience and wisdom of the Church,
especially these two key insights, that this Constitution draws
and builds in its governance structures.
B. PRINCIPLES
- It is of the essence of the Church to be a community.
The most basic unit of that Church community is where members
daily live their lives, beginning with the family and other intimate
associations. Beyond this the fundamental unit of the Church is
a local community, most often but not exclusively the geographical
parish. The Church is especially manifested here in Parish X.
- It is, however, also of the essence of the Church
that it is a communion of communities, so that the local communities,
including Parish X, are also united in intermediate level communities,
as the diocese, and national communities, and finally in the global
community of the universal Catholic Church.
- In keeping with the spirit of the Gospel, developing
human experience, and the dynamic Christian tradition, especially
its two key insights of shared responsibility/corresponding freedom
and dialogue, the following basic principles shall shape the governing
structures and regulations of the Church:
- All decision in the Parish shall be arrived
at through a process of charitable and respectful dialogue.
- All leaders of the Parish, including the Pastor,
shall be elected to office through appropriate structures,
giving voice to all respective constituents.
- A Parish leaders, including the Pastor, shall
hold office for a specified, limited term.
- All Parish leaders, councils and committees
will regularly provide their constituents, and ultimately
the Parish, an account of their work, including financial
accounts, to be reviewed by an outside auditor when appropriate.
- All groupings of the faithful, including women
and minorities, shall be equitably represented in all positions
of leadership and decision-making.
C. COUNCILS
- The members of every Parish (or equivalent) shall
elect a Council, which shall be the principle decision-making
body of the Parish. The Pastor shall be an ex officio member of
the Council.
- The Parish Council, either directly or through committees,
shall bear ultimate responsibility for Parish policy on worship,
education, social outreach, administration, finances and other
activities carried out in the name of the Parish.
- The Parish Council shall observe the following:
- Members of the Parish Council shall be elected
in as representative a manner as possible, including, when
appropriate, representatives of various organizations within
the Parish.
- Members of Parish Council shall serve for a
specified term of office, namely.......
- The rule of one person, one vote shall prevail
in the Parish Council and all Parish committees.
- No one shall have veto power.
D. LEADERS
a) General
- All Parish leaders, especially commissioned holders
of ministries, shall be appropriately trained and experienced.
- Commissioned holders of ministries are church leaders
who normally work full-time for the church and are chosen by the
appropriate church community to act in its name.
- All commissioned holders of ministries shall be chosen
in a manner which shall give a representative voice to all those
who are to be led by them, including Pastor.
- All commissioned holders of ministries shall serve
for specified terms of office.
- All commissioned holders of ministries can be removed
from office only for cause, following a procedure of due process
based on principles enunciated in this Constitution.
- All commissioned holders of ministries have responsibilities
and corresponding rights which are specified below.
b) Pastor
- Pastors shall be chosen by the Parish and approved
by the Bishop and the Diocesan Council in accordance with the
procedures set forth in the Diocesan Constitution.
- The Pastor shall serve as the leader of the Parish
pastoral team. Within the policies set by the Parish Council,
they bear the main responsibility for the worship, spiritual and
moral instruction, and pastoral care dimensions of the Parish.
This responsibility entails:
- Worship that reflects the joys and concerns
of the gathered community and instructs and inspires it;
- Instruction in the Christian tradition and the
presentation of spirituality and moral teaching in a way that
promotes the helpfulness and relevance of Christian values
to contemporary life; and
c)Pastoral care that applies with love and effectiveness the
Christian heritage to persons in particular situations.
- Pastors have both a right to and responsibility for proper training
and continuation of their education throughout the term of their
office.
- Pastors have a right to fair financial support for the exercise
of their office, as well as the requisite liberty needed for the
proper exercise thereof.
c) Parish Council
d) Finance Committee
e) Liturgy Committee
f) ..................
IV. JUDICIAL SYSTEM
A. PRINCIPLES
- The Catholic Church is a pilgrim church, always in
need of reform and correction. Disputes, contentions, and crimes
against the rights of members will regrettably occur. These are
to be resolved by processes of conciliation and arbitration. Where
this proves impossible, Catholics may take such cases to the Church's
tribunals for adjudication. All Catholics are entitled to fair
and due process under ecclesiastical law. All personnel involved
in the Church's judicial system shall be appropriately trained
and competent.
- A system of parochial, diocesan, provincial, national
and international tribunals shall be established, which shall
serve as courts of first instance, each with designated courts
of appeal.
B. PARISH TRIBUNAL
- A Parish Tribunal shall be set up to which all cases
of dispute which cannot be amicably settled within the various
bodies of the Parish-after every effort of dialogue, conciliation,
and compromise has failed, shall be sent for adjudication.
- Persons elected to the Parish Tribunal shall if at
all possible have training and experience in law, and shall serve
for a term of five years.
- The Parish Tribunal shall have consist of five members
in staggering terms of office.
- Appeals against the judgment of the Parish Tribunal
shall be heard by the Diocesan Tribunal.
C. CONTINUED FITNESS FOR OFFICE OF LEADERS
Parish leaders shall serve out their elected term
of office unless the question of competence and continued fitness
for office is formally raised in the Parish Tribunal, due process
being observed.
IV. AMENDMENTS
This Constitution can be amended by a three-quarter
vote of all present at a Parish Meeting which is open to all Parish
Members and is called at least three weeks in advance.
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 Dr Leonard Swidler is Professor of Catholic Thought and Interreligious Dialogue at Temple Univiserty, Philadephia. He is also one of the founders of the Association for the Rights of Catholics in the Church (ARCC) [www.arcc-catholic-rights.net] and a continuing member of its board. With his wife, Arlene Anderson Swidler, he has written and been published extensively over the decades. Further information about their work can be found at: http://astro.temple.edu/~swidler/
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Michael Morwood: "The Challenge in Resurrecting Jesus in Society Today" In this address given to WATAC (Women and the Australian Church) members on 26th March 2013, Michael Morwood outlines the challenges he sees the Church facing in the years ahead. This address was given in the theatrette of the NSW Parliament at a meeting to celebrate the 50th Anniversary of the Second Vatican Council. 33m 34s [Commentary on the Catholica where this address was published on 29Mar2013] | [WATCH THE VIDEO]
