The Concordat says “Section 1) This Concordat does hereby invest legislative authority in a Magisterium, which shall enact legislation and maintain Standing Orders of the Magisterium.” By this definition, the Magisterium enacts legislation. The logical conclusion is that even resolutions are legislation by the Concordat.
However, resolutions are not legally binding, according to the definition in the SOM. The question here is, “Is non binding legislation a valid source for the establishment of precedent?”
I.e. can Conclave go off of a definition written in a resolution for a ruling? Can resolutions clarify things that would otherwise have to be clarified in judicial review or AQs? Etc. Or are resolutions just statements of ideology?
My opinion is that, yes, it can go off definitions from a Magiserial resolution but no, it isn’t required to since resolutions are the Magisterium’s opinion. What the Conclave should judge is whether or not the definition has merit. Additionally, it would be a serious problem if the Magisterium could force the Conclave to accept clarifications provided in a Magisterial resolution. The resolution has always outlined the Magisterium’s opinion, no more, no less. It is non-binding legislation.
My opinion is that, yes, it can go off definitions from a Magiserial resolution but no, it isn’t required to since resolutions are the Magisterium’s opinion. What the Conclave should judge is whether or not the definition has merit. Additionally, it would be a serious problem if the Magisterium could force the Conclave to accept clarifications provided in a Magisterial resolution. The resolution has always outlined the Magisterium’s opinion, no more, no less. It is non-binding legislation.
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Would it be accurate to compare it to authorial intent, which has been discussed in previous Advisory Questions?
My reading is that Conclave can use resolutions to write precedent. While “authorial intent” may not really apply, except in the broadest sense that the Magisterium is the author of all law, resolutions give us a sort of Rules As Intended look at the law that can help Conclave reach a conclusion where the law does not already speak for itself.