Motu proprio

In law, motu proprio (Latin for 'on his own impulse') describes an official act taken without a formal request from another party. Some places use the phrase sua sponte to mean the same thing.

In Catholic canon law, a motu proprio is a special kind of document written by the pope. The pope writes and signs it himself, without anyone asking him to. These documents can be for the whole church, just part of it, or even for specific people. The very first papal motu proprio was promulgated by Pope Innocent VIII in the year 1484. Since then, popes have often used motu proprio documents. They are especially helpful for creating new institutions, changing small parts of church rules, or giving special approvals to people or groups.

Catholic Church

In the Catholic Church, a special type of document called a motu proprio is issued by the pope without anyone asking him to do so. This means the pope signs it himself and decides to create it on his own.

When a motu proprio is used, the document stays valid even if someone tried to trick the pope with false information. Normally, hiding important facts can make a document invalid, but not when it is a motu proprio. However, these documents cannot take away rights that people already have or go against existing laws unless the document clearly says it is changing those laws.

A motu proprio usually starts by explaining why it is being created and then describes the new rule, law, or special permission it provides. It is less formal than other official documents and does not have a special seal. These documents can give instructions, make new rules for the Church, or grant special permissions. For example, they might talk about how to use chant or set up a new group within the Church.

Civil law

In civil law, "motu proprio" means taking action without someone asking for it. Courts can decide to act this way on their own. In the United States, courts usually say "sua sponte" instead, but in Canada, they might use "proprio motu".

This term is also used by the prosecutor of the International Criminal Court when starting an investigation without waiting for a request from the Security Council or a country. It’s allowed by article 15(1) of the Rome Statute. In some countries, kings and queens can make important decisions just because they want to, and this is called acting "motu proprio".

For special groups like the Order of Malta, their leader, called the grand master, can give out honors without someone suggesting it first.