austraLasia #2115

"If it ain't broke, no need to fix it" : the Juridical Commission

ROME: 2nd April 2008 -- Sorry if there's some gaps at this stage; there are just not enough hours in the day to cover everything.  Nevertheless....onward Christian soldiers!
    I think it might be good to take a look at the Juridical Commission. This afternoon the Assembly meets to run a whole range of straw votes on their deliberations.  What's this commission about and why the straw votes?
    The commission works in the background and comes to the fore occasionally to present its deliberations.  It takes all the proposals that came in from the Congregation, from individuals, Provincial Chapters, General Council even.  It appears to be working in a fair-minded, equitable way, and with evident competence.  What it throws out (99% of what it deals with - I think it has accepted just two proposals to date) it does so by pointing out clearly why, then offering the Assembly the chance to pass a straw vote....which could send it back to re-look at the issue and keep working despite the reasons it said 'nyet' in the first place.  Maybe an example is helpful here:
    The question of Provincial Chapters - how often, when. This came through in various proposals from individuals, provincial chapters.  One proposal was that C. 172 be changed from a three yearly convocation to a six yearly one.  Another proposal suggested that the intermediary Chapter in fact be an Assembly rather than a Chapter; yet another wanted provincial chapters after 4 years rather than 3.  Amidst this was a proposal that the General Chapter be held every 8 years not 6.
    The JC said 'nyet' to all these, offering very clear reasons.  We shouldn't be setting out to deprive confrères of a means of participation in government of the Province, so getting rid of the intermediary chapter altogether and just having one every six years was not seen as acceptable. As for an Assembly, it is already provided for, according to need.  It was not considered necessary or obligatory for it to actually replace a chapter.  The 3/6 4/8 argument has been looked at too - it would mean some very major changes with huge implications (like, for example, a possible 16 year term at General Council level for some people).
    Having said its piece, the JC opened up the question for discussion and straw vote - but meanwhile the RM pointed out that GC25 had looked at the question and given the right to a province to ask him to substitute a chapter with an assembly if it was felt necessary - he said just one province had actually asked to do that in the past six years!
    So whatever the straw vote result - and it will probably accept the opinion offered by the JC - the fact is that the commission concerned is doing thorough work and being fully transparent, and leaving the Chapter assembly the option of disagreeing with its decisions.  I think it is possible to say at this stage, that there will be very few changes, maybe just one or two minor ones, to the C&R, further supporting the view that in fact our Constitutions and Regulations, and the powers they give to the local scene via Provincial Chapters, Provincial Directories and the like, are amongst the best you will find anywhere.
    In short, the viewpoint is that if it ain't broke, no need to fix it!
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Title: australasia 2115
Subject and key words: SDB General GC26 Juridical Commission
Date (year): 2008
ID: 2000-2099|2115