scholarly journals Laws and Religion: Unravelling McFarlane v Relate Avon Limited

2010 ◽  
Vol 12 (3) ◽  
pp. 361-370 ◽  
Author(s):  
Russell Sandberg
Keyword(s):  
Church Of England ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Convention ◽  
Market Place ◽  
Domestic Law ◽  
Court Of Appeal ◽  
New Religion ◽  
The Church

The Labour Government (1997–2010) created a large number of new laws affecting religion. The Blair and Brown years saw the incorporation of Article 9 of the European Convention on Human Rights into domestic law, the creation of religiously-aggravated offences, the recognition of civil partnerships, and a tide of legislation affecting education, charities and equality law, which saw the extension of the law to cover discrimination on grounds of religion or belief. And all this legislation has resulted in an abundance of case law. There is more ‘religion law’ – national and international law affecting religion – than ever before. And, for some time, there has been an implicit tension in English law between this new religion law and older laws protecting religion. These old laws, many still on the statute books, were based upon a different premise. They often sought to protect Christianity in general (or the Church of England in particular) as the norm, while providing some degree of toleration for other faiths. Moreover, the legal regulation of religion was characterised by a lightness of touch. The new religion law, by contrast, is facilitative, seeking to protect religious freedom mainly as an individual right which needs to be balanced against other rights. No special protection is afforded to any one religion and protection is often afforded to non-religious beliefs. The new legal framework affords utmost importance to the concept of religious neutrality as the State takes on the role of facilitating the religious market place. The tension between the old laws on religion and the new ‘religion law’ can be seen, for example, in the abolition of the offence of blasphemy (which favoured the Church of England in particular) and its replacement by offences concerning religious hatred (which covers all religions). This tension has recently come to the fore in the Court of Appeal ruling in the application for leave to appeal in McFarlane v Relate Avon Limited.

The Changing Legal Framework of Establishment

2004 ◽  
Vol 7 (34) ◽  
pp. 292-303 ◽  
Author(s):  
David McClean
Keyword(s):  
European Community ◽  
Church Of England ◽  
Case Law ◽  
Legal Framework ◽  
Legal Analysis ◽  
Church Of Scotland ◽  
Clear Cut ◽  
Legal Nature ◽  
The Church

This article looks closely at the legal nature of Establishment, both in England and North of the Border. The legal material shows that the two cases are very different. The Ace od Supermacy 1558 and related legislation enable the English church's porition to be presented so as to meke it one aspect of the State, and tetwntieth-century case-law has tended to confirm that understanding. The Scottish kirk enjoys statutory autonomy under the Church of Scotland Act 1921, and again case-law emphasises the reality of its exemption from some of the usual jurisdiction of the secular authorities and courts (though its scope may be becoming less clear-cut in the light of developments within the European Community). The author asks how, in the English context, the legal analysis relates to the reality of the English situation, as seen through the insights of other disciplines, to the role of the Church of England nationally and locally, and to the, sometimes confrontational, relationship between Synod and Parliament.

Clergy

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Employment Status ◽  
Church Of England ◽  
The Status ◽  
The Right ◽  
The Church ◽  
And Training

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.

Grace and Nation: Coleridge's On the Constitution of Church and State

2007 ◽  
Vol 5 (2) ◽  
pp. 187-208
Author(s):  
Alan Gregory
Keyword(s):  
Church Of England ◽  
Church And State ◽  
The State ◽  
Christian Church ◽  
Close Attention ◽  
Classic Work ◽  
Christ Church ◽  
National Life ◽  
The Church

ABSTRACTUnderstanding Coleridge's classic work On the Constitution of Church and State requires paying close attention to the system of distinctions and relations he sets up between the state, the ‘national church’, and the ‘Christian church’. The intelligibility of these relations depends finally on Coleridge's Trinitarianism, his doctrine of ‘divine ideas’, and the subtle analogy he draws between the Church of England as both an ‘established’ church of the nation and as a Christian church and the distinction and union of divinity and humanity in Christ. Church and State opens up, in these ‘saving’ distinctions and connections, important considerations for the integrity and role of the Christian church within a religiously plural national life.

‘This Romish business’ - Ritual Innovation and Parish Life in Later Nineteenth-Century Lincolnshire

1999 ◽  
Vol 35 ◽  
pp. 384-395
Author(s):  
R. W. Ambler
Keyword(s):  
Nineteenth Century ◽  
Church Of England ◽  
The State ◽  
Local Context ◽  
Holy Communion ◽  
Parish Church ◽  
The Relationship ◽  
The Church ◽  
Mixing Water

In February 1889 Edward King, Bishop of Lincoln, appeared before the court of the Archbishop of Canterbury charged with illegal practices in worship. The immediate occasion for these proceedings was the manner in which he celebrated Holy Communion at the Lincoln parish church of St Peter at Gowts on Sunday 4 December 1887. He was cited on six specific charges: the use of lighted candles on the altar; mixing water with the communion wine; adopting an eastward-facing position with his back to the congregation during the consecration; permitting the Agnus Dei to be sung after the consecration; making the sign of the cross at the absolution and benediction, and taking part in ablution by pouring water and wine into the chalice and paten after communion. Two Sundays later King had repeated some of these acts during a service at Lincoln Cathedral. As well as its intrinsic importance in defining the legality of the acts with which he was charged, the Bishop’s trial raised issues of considerable importance relating to the nature and exercise of authority within the Church of England and its relationship with the state. The acts for which King was tried had a further significance since the ways in which these and other innovations in worship were perceived, as well as the spirit in which they were ventured, also reflected the fundamental shifts which were taking place in the role of the Church of England at parish level in the second half of the nineteenth century. Their study in a local context such as Lincolnshire, part of King’s diocese, provides the opportunity to examine the relationship between changes in worship and developments in parish life in the period.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

The Church of England and the Palatinate, 1566–1642

2010 ◽  
Author(s):  
Anthony Milton
Keyword(s):  
Sixteenth Century ◽  
Central Europe ◽  
Church Of England ◽  
The Church

This chapter explores a long-neglected relationship, which has escaped scholarly notice in part because of the assumption that reformation remained fixed after the sixteenth century. Historians previously focused on fragmentation within the Lutheran tradition following the death of Luther in 1546. Yet the conversion of the Elector Palatine Frederick III to the reformed faith in 1561 has more recently drawn attention for inaugurating a second reformation in central Europe along with the confessional conflicts that contributed to the outbreak of the Thirty Years’ War. The discussion follows the peculiar role of the Palatinate in constructing the Church of England’s reformed identity from the late sixteenth to the early seventeenth centuries. The unique circumstances of reform initiated by the Prince, for instance, could be used by both conformist and puritan divines.

Being an Archdeacon: A Coaching Model

2020 ◽  
Vol 22 (3) ◽  
pp. 314-327
Author(s):  
Norman Boakes
Keyword(s):  
Recent Article ◽  
Church Of England ◽  
Legal Aspect ◽  
Well Being ◽  
Coaching Model ◽  
Training Development ◽  
Anglican Theology ◽  
The Church ◽  
The Way

Considering the importance of their role in the life of the Church of England and the Church in Wales, there is not much written about the role of archdeacons. In her recent article in the January 2019 issue of this Journal, Jane Steen focused on the legal aspect of the role of archdeacons, and reflected on how they play a key role in shaping the Church and its ministry, delighting in its beauty and rejoicing in its well-being. In this article, the recently retired training, development and support officer for archdeacons reflects on the nature of the role and, in the light of that, on the way in which it might best be carried out. Believing that process is at least as important as outcome, and that good processes lead to better outcomes, he argues that coaching provides a useful model to enable archdeacons to exercise their ministries most effectively and promote both the mission and the well-being of the Church. It is also, he argues, a better reflection of Anglican theology.

Towards an Ecclesiology of the Cathedral

Ecclesiology ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 342-354
Author(s):  
Paul Avis
Keyword(s):  
Church Of England ◽  
Church Of Christ ◽  
The Relationship ◽  
The Church

The purpose of this article is to bring to light the ecclesiological reality of cathedrals, with a main focus on the Church of England. It initiates a concise ecclesiological discussion of the following aspects of the English, Anglican cathedrals: (a) the cathedral as a church of Christ; (b) the place and role of the cathedral within the diocese; (c) the relationship between the cathedral and the diocesan bishop; (d) the mission of the cathedral. The article concludes with a brief reflection on (e) the cathedral as the ‘mother church’ of the diocese.

The Changing Environment and Emerging Resource Conflicts

2016 ◽  
Author(s):  
Marco Pertile
Keyword(s):  
Natural Resources ◽  
Legal Framework ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Resource Conflicts ◽  
Jus Ad Bellum ◽  
Interstate Conflicts ◽  
Occupied Territories ◽  
The Relationship

This chapter examines the role of natural resources such as water, hydrocarbons, and diamonds in international armed conflicts within the framework of international law, as well as the legal regulation of the jus ad bellum aspects of the issue. After outlining some of the international rules relevant to the relationship between natural resources and conflicts, the chapter considers the rules pertaining to the jus ad bellum and assesses the interstate aspects of resource conflicts, paying particular attention to the legal framework for the use of force in international relations. It then looks at the role of sovereignty in the allocation of natural resources among states, the interaction between jus ad bellum and jus in bello with respect to the exploitation of natural resources in occupied territories, , and the effect on transactions in natural resources of the duty of non-recognition of unlawful territorial situations. Finally, it describes the initiatives of the United Nations in addressing the issue of natural resources and their relation to interstate conflicts.

Hillsborough and the Church of England

Theology ◽  
2017 ◽  
Vol 120 (1) ◽  
pp. 3-10
Author(s):  
James Jones
Keyword(s):  
Church Of England ◽  
Public Understanding ◽  
The Public ◽  
Independent Panel ◽  
The Government ◽  
Set Up ◽  
The Church ◽  
British Football

In 1989, 96 Liverpool Football Club supporters were killed at the Hillsborough Stadium in Sheffield. It was the biggest sporting disaster in British football. The original inquests returned a verdict of ‘accidental death’. For over 20 years the families of the 96 and the survivors campaigned against this verdict. In 2010 the government set up an Independent Panel with myself as its Chair. Its remit after consultation with the families and survivors was to access and analyse all the documents related to the disaster and its aftermath and to write a report to add to public understanding. The Panel’s Report was published in 2012 and led to the quashing of the original verdicts and the setting up of fresh inquests. After two years and the longest inquests in British legal history, the jury gave its determination of ‘unlawful killing’. Here I reflect theologically on the public and pastoral role of the Church of England and its mission to wider society.

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