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Ius exclusivae e conclave: il diritto di veto delle potenze cattoliche nella storia delle elezioni pontificie


Abstract


The aim of our work is the thematization, from a predominantly historical point of view, of an issue that has gone through the history of the church from the beginning of the modern era until the beginning of the twentieth century. Specifically, it deals with the problem concerning the numerous and systematic interference of European temporal sovereigns, in particular the kings of Spain, France and Austria (Holy Roman Empire), towards the regular conduct of the papal election during the conclave. These interferences, illegal but accepted by ecclesiastical superiors, were exercised through the use of ius exclusivae or a veto right enjoyed for centuries by the rulers of the aforementioned European Catholic States. This right was made to be used against an unwelcome participant in the conclave to make it ineligible. We will go through the history related to the exercise of this ambiguous juridical instrument, a history that inevitably intertwines with the political events of the European continent, also focusing on the numerous attempts of the Church to oppose it.

DOI Code: 10.1285/i22808949a7n2p105

Keywords: Ius exclusivae; Diritto di veto; Giurisdizionalismo; Iura maiestatica circa sacra; Conclave

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