The consultative vote in the decision making process in the Church

The Church is a society with a hierarchical structure in the same fashion as the community of the people of God. In this context, the roles of the consultative vote and the deliberative vote in the course of acts of a superior have to be understood, particularly in the light of the teachings of the Second Vatican Council regarding the Church as the community of the people of God. The law grants that this right be consulted in a double manner. The first one is the obligation of a superior to hear (audire) individuals or group of persons, the second one is the right of individuals or a group of persons to express a consultative vote (consilium). A superior is not duty bound to act according to the counsel, but the law does enact conditions for an action contrary to the advice given. The interpretation of these conditions does not have to be formal, but does have a respect for the theological dimension. A rightful decision cannot be reached without respect for the meaning and the purpose of the law.

Keywords: Canon law; Juridic act; Decision process; Consultative vote; Deliberative vote