406. When is authority exercised in a legitimate way?

406. When is authority exercised in a legitimate way? 

(Comp 406) Authority is exercised legitimately when it acts for the common good and employs morally licit means to attain it. Therefore, political regimes must be determined by the free decision of their citizens. They should respect the principle of the “rule of law” in which the law, and not the arbitrary will of some, is sovereign. Unjust laws and measures contrary to the moral order are not binding in conscience.

“In brief”

(CCC 1921) Authority is exercised legitimately if it is committed to the common good of society. To attain this it must employ morally acceptable means. (CCC 1922) The diversity of political regimes is legitimate, provided they contribute to the good of the community.

To deepen and explain

(CCC 1903) Authority is exercised legitimately only when it seeks the common good of the group concerned and if it employs morally licit means to attain it. If rulers were to enact unjust laws or take measures contrary to the moral order, such arrangements would not be binding in conscience. In such a case, "authority breaks down completely and results in shameful abuse" (John XXIII PT 51). (CCC 1904) "It is preferable that each power be balanced by other powers and by other spheres of responsibility which keep it within proper bounds. This is the principle of the 'rule of law,' in which the law is sovereign and not the arbitrary will of men" (CA 44).

Reflection

(CCC 2242) The citizen is obliged in conscience not to follow the directives of civil authorities when they are contrary to the demands of the moral order, to the fundamental rights of persons or the teachings of the Gospel. Refusing obedience to civil authorities, when their demands are contrary to those of an upright conscience, finds its justification in the distinction between serving God and serving the political community. "Render therefore to Caesar the things that are Caesar's, and to God the things that are God's" (Mt 22:21). "We must obey God rather than men" (Acts 5:29): When citizens are under the oppression of a public authority which oversteps its competence, they should still not refuse to give or to do what is objectively demanded of them by the common good; but it is legitimate for them to defend their own rights and those of their fellow citizens against the abuse of this authority within the limits of the natural law and the Law of the Gospel (GS 74 § 5).  

(Next question: What is the common good?)