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02 May 2025 / Athelstane Aamodt
Issue: 8114 / Categories: Features , International
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Holy smoke

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As the world waits to find out who will become the next pope, Athelstane Aamodt explains how the Catholic Church will make the decision

How does the Catholic Church decide who is going to be pope? Most people seem to be aware of the College of Cardinals, which gathers to form a conclave that meets and votes in secret until one of their number has achieved enough votes. What perhaps fewer people know about is the complex laws that govern papal elections, and how they came into being. 

The use of cardinals to elect a pope was only codified in 1059 by Pope Nicholas II. Before then, the appointment of popes was haphazard. In 236, a dove landed on the head on the future Fabian II and, according to Eusebius of Caesarea (265-339), ‘thereupon the people, all as if impelled by one divine spirit, with one united and eager voice cried out that he was worthy, and immediately they set him on the episcopal seat’. The Eastern Roman Emperor, Justinian I (527-565), after he had invaded Italy, went on to appoint three popes (Vigilus,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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