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Journal articles on the topic 'Law on churches Act'

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Published: 4 June 2021

Last updated: 5 February 2022

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1

MEEK, JEFF. "Scottish Churches, Morality and Homosexual Law Reform, 1957–1980." Journal of Ecclesiastical History 66, no. 3 (2015): 596–613. http://dx.doi.org/10.1017/s0022046914001250.

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The role of Scottish Churches in the decision not to include Scotland in the 1967 Sexual Offences Act requires scrutiny. This article examines the role of the Church of Scotland, and other Churches, in debates regarding homosexuality in the years following publication of the Wolfenden Report. It argues that although Scotland's Churches appeared steadfast in their determination to prevent homosexual law reform during the 1950s and 1960s, there was much ambivalence, contradiction and debate and that, in fact, Scotland's two main Churches played a significant role in the development of Scotland's

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2

Cranmer, Frank. "Church-State Relations in the United Kingdom: A Westminster View." Ecclesiastical Law Journal 6, no. 29 (2001): 111–21. http://dx.doi.org/10.1017/s0956618x00000570.

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In any discussion of church-state relations in the United Kingdom, it should be remembered that there are four national Churches: the Church of England, the (Reformed) Church of Scotland, the Church in Wales (disestablished in 1920 as a result of the Welsh Church Act 1914) and the Church of Ireland (disestablished by the Irish Church Act 1869). The result is that two Churches are established by law (the Church of England and the Church of Scotland) and enjoy a particular constitutional relationship with the state, while the other Churches and faith-communities (the Roman Catholics, the Free Ch

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McClean, David. "Letter From Brussels." Ecclesiastical Law Journal 6, no. 31 (2002): 375–80. http://dx.doi.org/10.1017/s0956618x00004749.

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Readers of this Journal do not need to be told of the importance of legislation in forming and reforming ecclesiastical law. They are familiar with the division of legislative functions between Parliament and the General Synod in accordance with the Enabling Act and the conventions which have grown up around it. Where proposed Government legislation has an obvious impact on the interests of the churches, there will normally be consultation between the relevant Government department and the church authorities. The Churches Main Committee monitors and seeks to influence and headquarters staff ha

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Mink, Júlia. "The Hungarian Act CCVI of 2011 on Freedom of Conscience and Religion and on the Legal Status of Churches, Religious Denominations and Religious Associations in Light of the Jurisprudence of the European Court of Human Rights." Religion and Human Rights 8, no. 1 (2013): 3–22. http://dx.doi.org/10.1163/18710328-12341240.

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Abstract In 2011 Hungary replaced and completely reversed its formerly existing ‘liberal’ regulation of the registration of churches and church status by constituting a system built upon a highly dubious procedure and a set of stricter criteria. The aim of this article is to provide—after a brief summary of the process leading to the adoption of the present regulation—an assessment of the controversial, much debated Act CCVI of 2011 on freedom of conscience and religion and on the legal status of churches, religious denominations and religious associations in view of international human rights

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Schanda, Balázs. "The Freedom of Religious Association in Hungary: Recent Developments." Religion and Human Rights 8, no. 1 (2013): 65–75. http://dx.doi.org/10.1163/18710328-12341242.

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Abstract Since 1 January 2012, Hungary has a new constitution as well as a new cardinal act on religious freedom and churches. The new law replaces the registration system granting an equal legal status for all religious communities by a two-tier system with the Parliament having the right to decide on the recognition of religious communities. Other religious communities can act as religious associations enjoying full autonomy but less protection and public support than recognized churches.

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Colton, Paul. "The Pursuit of a Canonical Definition of Membership of the Church of Ireland." Ecclesiastical Law Journal 10, no. 1 (2007): 3–33. http://dx.doi.org/10.1017/s0956618x07000610.

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This paper pursues a canonical definition of membership of the Church of Ireland. Both civil and Church laws presuppose that membership is defined; clergy rely on definitions, both formal and informal. In Ireland, freedom of religion is guaranteed and the courts are reluctant to interfere in the internal affairs of religious entities. Churches are voluntary associations, and church members are bound, inter se, by the church's internal laws as a matter of contract; this is given statutory expression in the Irish Church Act 1869. While the law of the Church of Ireland presents no unified definit

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Cranmer, Frank. "Human Sexuality and the Church of Scotland: Aitken et al v Presbytery of Aberdeen." Ecclesiastical Law Journal 11, no. 3 (2009): 334–39. http://dx.doi.org/10.1017/s0956618x09990093.

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Although much of the business of the General Assembly of the Church of Scotland relates to legislation and debates of reports from committees, unlike the synods of episcopal churches the General Assembly is also a court, with exclusive jurisdiction in ‘matters spiritual’. However, under the terms of Act III 2001, as amended, disciplinary matters are investigated by a Presbyterial Commission and, in disputed cases, ultimately come before the Assembly's Judicial Commission. Cases before the General Assembly were once quite common; but for the 2009 Assembly to find themselves hearing a judicial d

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Podmore, Colin. "Self-Government Without Disestablishment: From the Enabling Act to the General Synod." Ecclesiastical Law Journal 21, no. 3 (2019): 312–28. http://dx.doi.org/10.1017/s0956618x19000693.

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The process of Church–State separation began 90 years before the 1919 Enabling Act, which gave the Church Assembly legislative powers. The Assembly was conceived not by William Temple's Life and Liberty movement but by aristocratic Conservative politicians, motivated by practical efficiency and High Church principles. With Church lawyers, they dominated it for 40 years. The Church's response to Parliament's rejection of the 1928 Prayer Book, to the Matrimonial Causes Act 1937 and, in the 1950s, to the impossibility of fully articulating in the Church of England's canon law its doctrine on marr

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Townsley, Lesley. "Conceal or Reveal? The Role of Law in Black Collar Crime (2007) Vol 1 Art 4." Public Space: The Journal of Law and Social Justice 1, no. 1 (2007): 1. http://dx.doi.org/10.5130/psjlsj.v1i1.537.

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This article reconsiders the way in which the State deals with the suppression or concealment of crimes, particularly child sexual abuse, by members of institutions such as churches. There are legal mechanisms available to bring such prosecutions and yet they are not being utilized. This article critically analyses the exemption from prosecution for concealing a serious indictable offence, by members of the clergy under section 316 (4) of the Crimes Act 1900 (NSW); and that section’s relationship to the religious confession privilege under section 217 of the Evidence Act 1995 (NSW). The articl

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Cranmer, Frank. "Employment Rights and Church Discipline: Obst and Schüth." Ecclesiastical Law Journal 13, no. 2 (2011): 208–15. http://dx.doi.org/10.1017/s0956618x1100007x.

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The Equal Treatment Directive ‘respects and does not prejudice the status under national law of churches and religious associations or communities in the member states and … of philosophical and non-confessional organisations’ and empowers member states to make ‘specific provisions on genuine, legitimate and justified occupational requirements which might be required for carrying out an occupational activity’. Specifically, Article 4 permits member states to make such provision taking account of their ‘constitutional provisions and principles, as well as the general principles of Community law

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Engert, Andreas. "Allied by Surprise? The Economic Case For an Anti-Discrimination Statute." German Law Journal 4, no. 7 (2003): 685–99. http://dx.doi.org/10.1017/s2071832200016333.

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The Bundestag's 1998-2002 term witnessed an unprecedented agenda in private law legislation. Besides profound changes in various areas, including a radical overhaul of the German Law of Civil Procedure, the German Bundestag (parliament) enacted a sweeping reform of the Bürgerliches Gesetzbuch (German Civil Code). Compared to these radical changes the proposed Act to Prevent Discrimination in Private Law seemed a rather modest endeavor. The project nonetheless turned out to be more troublesome than expected. In May 2002, it was shelved, due also to heavy lobbying activities by, inter alia, the

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Rakoczy, Tomasz. "Małżeństwo świeckie i wyznaniowe w nauczaniu prawa polskiego w latach 1945–1993." Opolskie Studia Administracyjno-Prawne 15, no. 2 (2017): 187–99. http://dx.doi.org/10.25167/osap.1280.

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The institution of marriage is important for the both systems of law: state and church, as both of these two bodies must respect the truth about the institution of marriage. As the analysis of the problem shows, i.e. the possibility of contracting marriage in the religious form and in presence of other religious elements, the mentioned rule was not always respected by the Polish State. Religious elements were in fact significantly present in different jurisdictions of the partitioning states, which were in force on Poland’s territory under the rule of individual partitioning states. The possib

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Gegel, I. Ketut. "Communicatio In Sacris Berbagi Kasanah Rohani Medium Membangun Persaudaraan di Antara Umat Kristiani Analisa Sejarah, Doktrin dan Iuris." Seri Filsafat Teologi 30, no. 29 (2020): 294–333. http://dx.doi.org/10.35312/serifilsafat.v30i29.25.

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In this paper, the author studies of Communicatio in Sacris as an act of sharing sacraments among Christians. This study begins with the author's observation regarding of relation among Christians at this time. In the past centuries, many dissensions happened and large communities were separated from full communion with Catholic Church. Each excludes others to take part in its own liturgy. However, it should be kept in mind, that unity which Christ willed, stood at the very heart of the Church’s mission. At every era, there have been figures who do not only defend the Church but also open the

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STEPHENS, RANDALL J. "“It Has to Come from the Hearts of the People”: Evangelicals, Fundamentalists, Race, and the 1964 Civil Rights Act." Journal of American Studies 50, no. 3 (2015): 559–85. http://dx.doi.org/10.1017/s0021875815000687.

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In recent years historians and scholars of religious studies have chronicled and debated the critical role that black and white liberal Protestants, Catholics, and Jews played in the civil rights struggles of the 1950s and 1960s. At every stage of the movement, mainline and traditional black churches proved vital. Less is known about the actions and reactions of conservative or moderate white believers. The churches that these fundamentalists and evangelicals belonged to would grow tremendously in the coming decades, eventually claiming roughly 26 percent of the American population. From the 1

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Slack, Stephen. "General Synod of the Church of England." Ecclesiastical Law Journal 21, no. 2 (2019): 221–24. http://dx.doi.org/10.1017/s0956618x19000097.

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This report covers the groups of sessions held in February 2018 and July 2018. Both meetings again saw significant amounts of legislative business, with a number of items giving effect to proposals emerging from the simplification strand of the Archbishops’ Council's ‘Renewal and Reform’ programme or directed in other respects at simplifying or streamlining the Church's substantial body of statute law. Indeed, such has been the level of legislative activity over the last two years that in the course of 2018 no fewer than nine Measures have been enacted – the highest number in a single year sin

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Roberts, Nicholas. "The Historical Background to the Marriage (Wales) Act 2010." Ecclesiastical Law Journal 13, no. 1 (2010): 39–56. http://dx.doi.org/10.1017/s0956618x10000785.

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The Marriage (Wales) Act 2010 illustrates that a disestablished church will always occupy an intermediate position between an established church and one which has never been established: the Church in Wales needed an Act to reform its marriage law, whereas paradoxically the Church of England legislated for itself by Measure. The article outlines how the provisions on marriage evolved during the passage of the disestablishment legislation; accepts the validity of contemporaneous arguments based on inconsistency; and outlines previous occasions when the marriage laws of England and of Wales have

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Smith, Peter M. "Points of Law and Practice Concerning Ecclesiastical Visitations." Ecclesiastical Law Journal 2, no. 9 (1991): 189–212. http://dx.doi.org/10.1017/s0956618x00001204.

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‘The word Visitatio … denotes that act or office of the bishop, or of some other ordinary, going his circuit throughout his diocese or other district, with a full power of inquiring into such matters as relate to the government and discipline of the Church, and sometimes of correcting abuses and punishing excesses committed by his subjects … Visitation, as we would use the word here, implies some act of jurisdiction and coercive authority …’

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CAMERON, ANNE. "THE ESTABLISHMENT OF CIVIL REGISTRATION IN SCOTLAND." Historical Journal 50, no. 2 (2007): 377–95. http://dx.doi.org/10.1017/s0018246x07006115.

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An act for registering births, deaths, and marriages was passed for England and Wales in 1836. Scotland, despite evident support for the principle of civil registration there, did not obtain equivalent legislation until 1854 – a paradox that has yet to be fully explained. Eight unsuccessful bills preceded the Scottish act, and this article explores the reasons for their failure. Although the Scottish churches and municipal authorities broadly favoured vital registration, their objections to particular clauses concerning the nomination and payment of registrars, the imposition of fees for regis

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Hill, Christopher. "Education in Canon Law." Ecclesiastical Law Journal 5, no. 22 (1998): 46–48. http://dx.doi.org/10.1017/s0956618x00003240.

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For a number of years the Society has been troubled at the absence of, or at least the spasmodic nature of, any systematic teaching about Canon or Ecclesiastical law among ordinands and clergy of the Church of England. The first that an ordinand knows of law is often his or her Declaration of Assent and licensing as an Assistant Curate. Provided there are no great crises or scandals, or problems over marriages when the training Incumbent goes on holiday leaving the new Deacon to his or her own devices, the next occasion of ecclesiastical law will be at first incumbency, or possibly as a Team V

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Knoepffler, Nikolaus, and Martin O’Malley. "Dignity, Autonomy, and Assisted Suicide: An Ecumenical Perspective on the German Context." Ecclesiology 17, no. 2 (2021): 238–51. http://dx.doi.org/10.1163/17455316-17020005.

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Abstract A 2020 decision by Germany’s highest court dramatically shifted the national discussion on assisted suicide. The decision stressed the ‘right to a self-determined death’ which must ‘be respected by state and society as an act of personal autonomy and self-determination’. Moreover, it clarified the non-criminality of assistance for suicides by third parties. The reaction of the main churches in Germany to this decision reflects ecclesiological differences. Protestant positions on assisted suicide are defined by pluralism; the Roman Catholic official position remains tied to ontological

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McClean, David. "The Changing Legal Framework of Establishment." Ecclesiastical Law Journal 7, no. 34 (2004): 292–303. http://dx.doi.org/10.1017/s0956618x0000538x.

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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 co

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Slack, Stephen. "Church Autonomy and the Civil Partnership Act: A Rejoinder." Ecclesiastical Law Journal 9, no. 2 (2007): 206–7. http://dx.doi.org/10.1017/s0956618x07000385.

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Wood, Diana. "Discipline and Diversity in the Medieval English Sunday." Studies in Church History 43 (2007): 202–11. http://dx.doi.org/10.1017/s0424208400003211.

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The medieval Church had strict disciplinary rules about how Sunday should be observed, but in England there was considerable diversity in interpreting and honouring them. The medieval English Sunday is a vast and challenging subject, yet despite this, and the controversy excited by the Sunday Trading Act of 1994 which allowed shops to open, it has excited little recent attention.The discipline of Sunday was laid down in the Third Commandment (Exod. 20: 8–11), where Christians were ordered to keep holy the Sabbath day and told ‘In it thou shalt not do any work.’ This was reinforced in canon law

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Blankenberg, Mike. "Ecclesiastical Asset Management and the New Introduction Of Section 2b of the Value Added Tax Act." Archives of Business Research 9, no. 8 (2021): 125–35. http://dx.doi.org/10.14738/abr.98.10661.

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This paper deals with church assets and the changes in the German VAT law with the resulting consequences. The implementation of EU law has resulted in numerous changes in the handling of assets and commercial facilities of institutional bodies such as the church. Using the example of the church district administration of the Evangelical Lutheran Church District of Dithmarschen, an overview of the application cases for assets was examined. After an introductory overview and an analytical examination of the new law in the value added tax law, a result of action is provided in this elaboration,

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Sagovsky, Nicholas. "Hooker, Warburton, Coleridge and the ‘Quadruple Lock’: State and Church in the Twenty-first Century." Ecclesiastical Law Journal 16, no. 2 (2014): 140–46. http://dx.doi.org/10.1017/s0956618x14000052.

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This lecture – delivered before the Marriage (Same Sex Couples) Act 2013 became law – discusses three conceptions of the relation of Church and state: those of Richard Hooker, Thomas Warburton and Samuel Taylor Coleridge. Hooker and Coleridge bind Church and state together more closely than does Warburton in The Alliance between Church and State (1736). It is argued is that the Marriage (Same Sex Couples) Act points to an increasingly Warburtonian, superficial, pragmatic understanding of the relation between state and Church, which can all too easily be pulled apart. The subtler positions of H

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Williams, Sam K. "The Hearing of Faith: AKOH ΠІΣΤΕΩΣ in Galatians 3". New Testament Studies 35, № 1 (1989): 82–93. http://dx.doi.org/10.1017/s0028688500024516.

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At Gal 3. 2 and 3. 5 the apostle Paul sets ἔργα νόμου, ‘works of (the) Law’, over against ἁκοη πίστεως in two rhetorical questions with which he begins his attack against the position of his nomistic opponents in the Galatian churches. One hopes that this phrase άκοη πίστεως was less puzzling to the Galatian Christians than it has been to modern interpreters. The problem of interpretation is compounded by the fact that both words of the phrase can have quite different meanings. 'Ακοή can mean either the faculty or act of hearing or a message or report (that is, what is heard). Πίστις can name

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Gardiner, Anne B. "Defenders of the Mystery." Recusant History 30, no. 2 (2010): 241–60. http://dx.doi.org/10.1017/s0034193200012784.

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The 1688 Revolution was the culmination of an eighteen-year campaign against James and his co-religionists as idolaters of bread. The Test Acts of 1673 and 1678 required an oath against Transubstantiation for public employment, and the parliamentary debate in 1673 showed that the ground for this was idolatry. It was a strange accusation, because the age was more inclined to atheism than idolatry and because virtually all the Christian world—Catholics, Orthodox, and Lutherans—worshiped Christ as bodily present in the Sacrament. In three recent councils between 1639 and 1672, the Orthodox Church

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Doe, Norman. "The Church in Wales and the State: A Juridical Perspective." Journal of Anglican Studies 2, no. 1 (2004): 99–124. http://dx.doi.org/10.1177/174035530400200110.

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ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Egl

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Doe, Norman. "The Welsh Church Act 1914: A Century of Constitutional Freedom for the Church in Wales?" Ecclesiastical Law Journal 22, no. 1 (2019): 2–14. http://dx.doi.org/10.1017/s0956618x19001674.

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The approach of the centenary of the disestablishment of the Church of England in Wales offers a good opportunity to reflect on legal aspects of the life of the Church in Wales since 1920. Religious equality had been the principal stimulus for the Welsh Church Act 1914. This statute, together with the release of the Welsh dioceses by the Archbishop of Canterbury to form a separate Anglican province, necessitated the formulation of a constitution for the Church. Innovation was avoided, and continuity protected. ‘Vestiges of establishment’ continued, in burial and marriage, as the result of poli

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Lord Falconer of Thoroton. "Church, State and Civil Partners." Ecclesiastical Law Journal 9, no. 1 (2007): 5–9. http://dx.doi.org/10.1017/s0956618x07000026.

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The Civil Partnership Act 2004 is a groundbreaking piece of legislation, giving legal recognition to same-sex relationships and providing equality of treatment in regard to inheritance and other financial matters with that enjoyed by married couples. The legislation was opposed by certain religious communities for a variety of reasons. This article is the text of an address delivered by Lord Falconer of Thoroton to the annual conference of the Ecclesiastical Law Society on 1 April 2006. It provides a personal reflection on the nature of the legislation and the necessity for its enactment, and

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Grana Gil, Isabel. "La Ley General de Educación y la Iglesia: Encuentros y desencuentros." Historia y Memoria de la Educación, no. 14 (May 26, 2021): 143. http://dx.doi.org/10.5944/hme.14.2021.29127.

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The importance and influence that the Catholic Church has had on Education in Spain over the centuries is well known, as is the fact that there have periodically been sectors that have questioned its role in education. The objective of this article is to examine the position of the Church, especially the ecclesiastical hierarchy, with regard to the General Education Act approved on August 4, 1970 and its subsequent development. We will first look at the Church’s thoughts about the changes to come and the need for them, as well as what it considered to be the turning points. We will analyze the

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Harte, J. D. C. "Secular Statutes of 1990 with Particular Relevance for the Church." Ecclesiastical Law Journal 2, no. 9 (1991): 241–42. http://dx.doi.org/10.1017/s0956618x00001277.

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Education (Student Loans) Act 1990. This Act is controversial because it challenges the established assumption that, subject to means tests, the government should fund fees and maintenance of all students taking first degrees. It envisages a proportion of such cost being met in future as a loan repayable by the student after graduation. The loans may be provided in respect of ‘courses of higher education’ as defined in a Schedule to the Act. These include first degrees and further training courses for teachers or youth and community workers. Thus first degrees in theology and post graduate cou

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Nugee, Edward. "The Consequences of Aston Cantlow." Ecclesiastical Law Journal 7, no. 35 (2004): 452–61. http://dx.doi.org/10.1017/s0956618x00005639.

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The two main aspects of the Aston Cantlow case1 have been the subject of considerable academic interest.2 The first concerns the status of a parochial church council (‘PCC’) for the purposes of the Human Rights Act 1998, and by implication the status of many other church bodies under that Act. The second concerns the law relating to the liability of certain individuals and corporate bodies to repair the chancel of the parish church.

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Kovacek-Stanic, Gordana. "Principles of art in Serbian and European laws and stands of Christian orthodox church on art." Zbornik Matice srpske za drustvene nauke, no. 148 (2014): 737–46. http://dx.doi.org/10.2298/zmsdn1448737k.

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In Serbia, Biomedically Assisted Fertilization is regulated by the Act on Treatment of Infertility with Biomedically Assisted Fertilization Procedures from 2009, and by the Family Act from 2005, the provisions on the family status of the child. In European context, the principles of the application of biology and medicine are regulated by the Council of Europe Convention from 1997 for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine). In this paper, Serbian law is compared with Europ

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Ramsay, Laura Monica. "The Church of England, Homosexual Law Reform, and the Shaping of the Permissive Society, 1957–1979." Journal of British Studies 57, no. 1 (2018): 108–37. http://dx.doi.org/10.1017/jbr.2017.180.

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AbstractThis article re-examines existing narratives of British permissiveness and secularization through a discussion of the Church of England's role in shaping the 1967 Sexual Offences Act and ongoing debates on homosexuality in the 1970s. It suggests—contrary to existing narratives of religious decline and marginalization—that the views of church commentators, and the opinions of the Established Church more generally, remained of real cultural and political influence in the years leading up to the 1967 Act. Religious authorities were thus more responsible for the moral landscape of the perm

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Hill, Mark. "The Impact for the Church of England of the Human Rights Act 1998." Ecclesiastical Law Journal 5, no. 27 (2000): 431–39. http://dx.doi.org/10.1017/s0956618x00004026.

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Though the first nation state of the Council of Europe to ratify the European Convention on Human Rights on 18th March 1951, and though permitting individual petition to the European Court in Strasbourg since 1966, the United Kingdom declined to give effect to the Convention in its domestic law until the government recently passed the Human Rights Act 1998. The Act received the Royal Assent in November 1998 and will come into force on 2nd October 2000.

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Humphreys, Jacqueline. "The Civil Partnership Act 2004, Same-Sex Marriage and the Church of England." Ecclesiastical Law Journal 8, no. 38 (2006): 289–306. http://dx.doi.org/10.1017/s0956618x0000644x.

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The Civil Partnership Act 2004 enables same-sex couples to enter into a status that provides very many of the same rights and responsibilities that married couples have in respect to each other and the wider community. This paper first considers the extent of the legal similarities between civil partnerships and marriage; that is to what extent civil partnerships are 'same-sex marriage' in practical effect. Secondly it considers to what extent the conceptual understanding of civil partnerships within the Act reflects the current conception of marriage within English law; that is the extent to

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BENNETT, BRUCE S. "Banister v. Thompson and Afterwards : The Church of England and the Deceased Wife's Sister's Marriage Act." Journal of Ecclesiastical History 49, no. 4 (1998): 668–82. http://dx.doi.org/10.1017/s0022046997005629.

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The medieval canon law of affinity as an impediment to marriage combined a large range of prohibited degrees with a wide power of dispensation. After the Reformation, however, English law, in line with mainstream Protestant opinion, prohibited marriages within the degrees mentioned in Leviticus, with no provision for dispensation. The prohibited degrees were set out in ‘Archbishop Parker's Table’ in the Prayer Book, beginning with the memorable declaration that ‘A man may not marry his grandmother’. In the nineteenth century, however, some of these restrictions came to be challenged. The class

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Sandberg, Russell. "Defining the Divine." Ecclesiastical Law Journal 16, no. 2 (2014): 198–204. http://dx.doi.org/10.1017/s0956618x1400009x.

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At first glance, it appeared to be a technical and dry decision about the operation of the Places of Worship Registration Act 1855, yet the Supreme Court judgment inR (on the Application of Hodkin) v Registrar General of Births, Deaths and Marriageswas actually one of the most significant decisions related to law and religion in 2013. The Justices of the Supreme Court held that a church within the Church of Scientology could be a ‘place of meeting for religious worship’ within section 2 of the 1855 Act. In so doing, the Supreme Court overruled one of the most well-known decisions in English re

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Lingiah, Jason. "General Assembly of the Church of Scotland." Ecclesiastical Law Journal 23, no. 2 (2021): 212–14. http://dx.doi.org/10.1017/s0956618x21000090.

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In light of the COVID-19 situation, a decision was taken in March 2020 by the Assembly Business Committee to hold a Commission of the General Assembly to agree ‘straightforward, time-critical and non-controversial decisions’ – with which the Legal Questions Committee concurred under Act VI 1997.

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Dine, Ranana Leigh. "You shall bury him: burial, suicide and the development of Catholic law and theology." Medical Humanities 46, no. 3 (2019): 299–310. http://dx.doi.org/10.1136/medhum-2018-011622.

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Whether physician-assisted dying should be legalised is a major debate in medical ethics and much has been written on it from both secular and religious perspectives. Less, however, has been written on one of the potential consequences of legalised physician-assisted death: whether those who undergo this procedure will be given funerals by religious groups who oppose the practice. This article investigates the Catholic Church’s attitude to the burial of suicides, and how Catholic canon law has approached the question of ecclesiastic funerals for suicides throughout its history. From the sixth

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Edge, Peter W., and Joan M. Loughrey. "Religious charities and the juridification of the Charity Commission." Legal Studies 21, no. 1 (2001): 36–64. http://dx.doi.org/10.1111/j.1748-121x.2001.tb00166.x.

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The Charity Commissioners have indicated that they possess a law-making role. This paper evaluates the extent to which the Commissioners have exercised this role in relation to charities for the advancement of religion, and evaluates this role in the light of the Human Rights Act 1998. The analysis draws upon both case law and decisions of the Commissioners, in particular the decision of the Commissioners to refuse status as a religious charity to the Church of Scientology.

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Cranmer, Frank. "General Synod of the Church of England." Ecclesiastical Law Journal 22, no. 1 (2019): 76–79. http://dx.doi.org/10.1017/s0956618x19001819.

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This report covers the groups of sessions held in February 2019 and July 2019. After the spate of legislation in 2018, when nine Measures were enacted – the highest number in a single year since the Church was empowered by the Church of England Assembly (Powers) Act 1919 to make Measures having the force and effect of statute – 2019 saw the enactment of just a single Measure.

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Łukańko, Bernard. "Tajemnica duszpasterska. Analiza na przykładzie rozwiązań odnoszących się do Kościoła Ewangelicko-Reformowanego w RP." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 350–66. http://dx.doi.org/10.15584/znurprawo.2020.29.24.

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The study presents and analyses solutions in common law relating to the protection of pastoral secrecy, and more precisely the secrecy of pastoral conversation in the Evangelical Reformed Church in the Republic of Poland, which stems from the Swiss branch of Reformation and which has a tradition of 450 years in Poland. The analysis covers the institution of pastoral secrecy as compared to the institution of the seal of confession which is clearly protected under the provision of the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure, the Tax Ordinance

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Reutcke, Chelsea. "‘Very Knaves Besides’: Catholic Print and the Enforcers of the 1662 Licensing Act in Restoration England." Studies in Church History 56 (May 15, 2020): 288–305. http://dx.doi.org/10.1017/stc.2019.16.

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This article explores the motivations of three enforcers of the Licensing Act of 1662 in regard to their treatment of the illicit Catholic book trade in London during the Restoration. As censors, the Stationers’ Company, the Surveyor of the Press, Roger L'Estrange, and the bishop of London, Henry Compton, were intended to unite the concerns of the book trade, the state and the church. However, each used the Licensing Act to pursue their own interests. Contemporaries and historians have both viewed the act as being unsuccessfully enforced; this article explores whether full enforcement was ever

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Lingiah, Jason. "General Assembly of the Church of Scotland." Ecclesiastical Law Journal 21, no. 1 (2019): 79–82. http://dx.doi.org/10.1017/s0956618x18000996.

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The General Assembly met in Edinburgh from 19 to 25 May, with the Rt Revd Susan Brown BD DipMin, Chaplain in Ordinary and Minister of Dornoch in the Presbytery of Sutherland, installed as Moderator. Her appointment as Moderator fell on the fiftieth anniversary of Act XXV 1968 permitting the ordination of women to the Ministry of Word and Sacrament. This year's Lord High Commissioner to the General Assembly was the Duke of Buccleuch and Queensberry.

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Pearce, C. C. A. "The Roles of the Vicar-General and Surrogate in the Granting of Marriage Licences." Ecclesiastical Law Journal 2, no. 6 (1990): 28–37. http://dx.doi.org/10.1017/s0956618x00000818.

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As a general principle, regular marriage in the Church of England is solemnized after the publication of banns. This requirement entered the medival canon law first as a matter of local custom, but was made universal in 1215 by a decree of the Fourth Lateran Council. Lord Hardwicke's Act did not impose the requirement of banns for the first time; it simply ensured that the option of an irregular marriage without banns, previously recognised by Church and State thoughfrowned upon, would no longer be valid in law.

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Davies, Eloise. "English Politics and the Blasphemy Act of 1698*." English Historical Review 135, no. 575 (2020): 804–35. http://dx.doi.org/10.1093/ehr/ceaa252.

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Abstract In 1698, less than a decade after the Toleration Act, a blasphemy law was passed in England. No convictions were ever brought under the Act, and it has been largely neglected by historians. Yet, for all its apparent insignificance, the Blasphemy Act is an instructive episode in post-1688 politics, which sheds light on the political realignments of the post-revolutionary decade. The language of the blasphemy debates was theologically sophisticated, rooted in Calvin’s understanding of blasphemy as distinctively malicious, and it is clear that the contours of the extra-parliamentary Trin

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Archer, Deborah. "The New Housing Segregation: The Jim Crow Effects of Crime-Free Housing Ordinances." Michigan Law Review, no. 118.2 (2019): 173–231. http://dx.doi.org/10.36644/mlr.118.2.new.

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America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without access to quality schools, jobs, transportation, or health care on the other. Many people view this as an unfortunate fact of life, or as a relic of legal systems long since overturned and beyond the reach of current legal process. But this is not true.

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Dawson, Ian, and Alison Dunn. "Seeking the principle: chancels, choices and human rights." Legal Studies 22, no. 2 (2002): 238–58. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00191.x.

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Chancel liability is an ancient property right, enforced by a Parochial Church Council, attaching to certain former rectorial lands. It requires a landowner to bear the cost of repair of the parish church chancel. The right poses particular problems for a purchaser, not least because it is hard to discover and is not limited to the value of the land. A recent decision of the Court of Appeal has found that a Parochial Church Council falls within section 6 of the Human Rights Act 1998 as a public authority, and that chancel liability infringes article 1 of the First Protocol of the European Conv

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