§ 138. 1. General Church Legislation

By general church legislation are understood those laws which are issued by the highest legislative authority of the Church, and which, as such, are unconditionally binding upon every member of the Church. In speaking of this general legislation one must, according to the teaching of the Orthodox Church, distinguish the old general legislation from the more recent—that is, that which developed in the age of the ecumenical councils, from the legislation which developed, and continues to develop, thereafter.

The fundamental laws touching doctrine, the holy mysteries, and the internal, spiritual administration of the Church—these laws were laid down, determined and confirmed on the foundation laid by Christ Himself, first through the apostles, and then at the ecumenical councils. No one may alter or abolish these laws; rather, all must regard them as unconditionally binding for all time.[1] Accordingly, in developing her own legislative power, the Church is bound to preserve the inviolability, purity and unity of the fundamental laws of the ecumenical Church, laws set forth in the writings approved at the ecumenical councils, and, according to the needs of time and place, to derive from those laws and issue particular laws, which must stand in indissoluble connection with, and immediate dependence upon, the fundamental laws.[2] As regards the remaining laws, which concern the outward life of the Church and do not touch the foundation of the Church as regards dogmatic teaching, her fundamental constitution and her spiritual administration—in respect of these laws church legislation is freer in its action, and is limited only by the general spirit of church law and by the general principles that pervade it (§. 17).

General church legislation operates either at ecumenical councils, or else through written communications among the representatives of the existing autocephalous churches. How this comes about we have said in §§. 79–83.