ECCLESIASTICAL LAW

Anglican Church: ecclesiastical law in England and in overseas dioceses - 2012, 168, 62
Anglican Establishment changes: discrimination against Catholics & others (and equality) not completely addressed - 2014, 172, 10
Anglican Establishment changes require 15 Heads of State to agree (colonialism turned on head) - 2014, 172, 10
Anglicanism and the idea of a national church - 2002, 149, 111
Anglicans moving en masse to Catholic Church can cause issues with no right to take property & trustee conflict of interest - 2016, 176, 18
autonomy concerns with regard to Inter Vivos religious giving & charitable trusts (affecting land) in Nineteenth Century England - 2006, 157, 17
Baptist concerns over having an established church - 2002, 149, 145
Baptist Union: balance between local government / independence & Union wide policy / regulation - 2012, 168, 5
bell ringer subject to restrictions due to inappropriate behaviour could not be eligible for judicial review & human rights not breached (case) - 2016, 177, 225
Bishops, appointment of in Church of England & Monarch's Accession Declaration / Coronation - 2012, 168, 22
Bishops & priests unequal before church courts: problems in clergy discipline - 2000, 145, 21
blasphemy law reflects special character of the established church - 2000, 145, 6
blasphemy laws that protect the Church of England, argument in favour of - 2003, 150, 37
Canon law : a reflection of theology or scripture? - 1999, 142/143, 106
Canon law as a relational endeavour (a protestant view) - 1999, 142/143, 106
Canons of 1603, foundation for clergy conduct legislation - 1996, 130/131, 66
Cathedral Dean / Head of Christchurch, Oxford was employed and thus able to claim discrimination (case) - 2021, 186, 62
Catholic & Protestant differing approaches to law: church / state, natural law, human rights, conscience - 2016, 176, 59
Catholic suggestions to change Anglican Establishment law and remove discrimination against Catholics - 2014, 172, 10
Celestial Church of Christ (a charity), dismissal of Pastor upheld; Parochial Committee had power to dismiss and thus remove as trustee (case) - 2017, 178, 127
challenges to Church Establishment: secular authority & temptation to dilute Gospel - 2013, 170, 7
charitable structures within Church of England: dioceses, PCCs, schools and charities - 2016, 176, 18
charities with purposes to advance religion, challenges in demonstrating public benefit; Gilmour v Coats revisited - 2016, 177, 157
Christian worship in schools, legal requirements & debate on - 1995, 124/125, 31
Christians in UK tend to look at internal or foreign issues for legal funding, should this be expanded to wider issues as legal aid drops away? - 2015, 175, 166
Church Charitable Incorporated Organisation, dispute between factions; members should act independently & in best interests of CIO (case) - 2020, 185, 204
church cafe / shop attracts rating exemption - 2010, 165, 217
Church Commissioners, ban on blood sports - 1990, 106/107, 3
Church Commissioners, morality of investment policies - 1990, 106/107, 3
church controlled charities: control can affect liability, orthodoxy & property ownership - 2016, 176, 18
church controlled charities: implications in canon / civil law & advantages of control - 2016, 176, 18
Church Governance: analysis of the separation of powers - 2004, 153, 128
Church Governance: description of - 2004, 153, 128
Church law, importance of as part of legal history & jurisprudence - 2018, 180, 21
church law should concentrate on essentials or could alienate non-churchgoers e.g. Jehovah's Witness ban on transfusions, Brethren ban on eating with non-members, political standpoints etc - 2012, 169, 157
Church of England: brief history of Church/State relationship - 2004, 153, 159
Church of England Clergy: civil partnerships not intrinsically incompatible with Holy Orders but same sex marriages are - 2018, 181, 171
Church of England failing to vote to consecrate women bishops shows conflict between equality and scripture - 2012, 169, 157
Church of England Minister not dismissed due to marital problems so discrimination claim on those grounds failed (case) - 2020, 185, 189
Church of England ministers: employment status and extent to which protected by law; effect of Equality Act 2010 - 2018, 181, 171
Church of England: practical pros and cons of establishment (schools / chaplaincies / buildings / public rights to rites & worship) - 2012, 168, 22
Church of England priest was an 'employee' and a 'worker' therefore fresh tribunal hearing allowed (Sharpe EAT case) - 2014, 172, 100
Church of England role in national legislation: advisory, Lords & Synod - 2012, 168, 22
Church of England statement on guidelines and practice for homosexual, bisexual & transexual clergy - 2018, 181, 171
Church of Jesus Christ of Latter-Day Saints, premises of, not exempt from rates as are not open to public (case) - 2008, 161, 130; appeal to Strasbourg (ECHR) - 2011, 167, 106
Church law, how this shaped the development of secular law in England - 2017, 178, 37
church wishing to convert its property lease to freehold can use Statute to do this against owner's wishes (case) - 2021, 186, 65
churches in UK can only choose religious affiliation of ministers & closely related posts, for others equality laws apply - 2011, 166, 37
civil lawyer's role in church courts - 1967, 16, 72
clergy, employment status of: case law (intention to create legal relations or evidence of a contract) - 2013, 171, 79
clergy, employment status of: distinctions between employees, workers and (formal/informal) office holders (case law and rights) - 2013, 171, 79
clergy, employment status of: problems with the current situation; need for Churches to agree on legislation to protect clergy and vocation - 2013, 171, 79
clergy & laity, different treatment of in Ecclesiastical law - 1996, 130/131, 66
clergy conduct, what should be subject to legal censure? - 1996, 130/131, 66
clergy discipline procedures, conflict of roles of Bishop in - 2000, 145, 21
clergyman refused ministry licence due to same-sex marriage; Bishop was a qualification body but was proportionate to refuse licence (case) - 2016, 176, 96; both appeals dismissed but can go to Court of Appeal (case) - 2017, 178, 142; ruling upheld as consistent with Church doctrine & was no harrassment (CA) - 2018, 180, 128
Consistory Court of the Church of England; case on balancing harms on whether the Rustat memorial should be moved from Jesus College chapel, Cambridge (slavery issues) - 2022, 188, 21
constitutional centrality of Church of England - 2012, 168, 22
Covid 19 pandemic in UK: restrictions to worship in the 4 jurisdictions, church issued advice; criticism of the Church of England - 2021, 187, 96
Covid 19 public inquiry: terms of reference expanded to include places of worship - 2022, 188, 66
cremation and treatment of ashes in Church of England and changes in canon law - 2014, 173, 145
Diocesan Bishop is a qualifications body when gives / revokes licences to officiate so Equality Act engaged for discrimination claims (case) - 2016, 176, 86
discrimination (by Church) on grounds of sex, orientation & marriage / civil partnership; theological & legally compliant reasons for - 2018, 181, 171
Doctors' Commons: history & function of this as a centre for canon law scholarship & other legal practice - 2011, 166, 52
Doctors' Commons: short history of, showing continued influence of ecclesiastical law on secular law in England - 2017, 178, 37
Draft Clergy Discipline Measure 2000 - fair trial of clergy? - 2000, 145, 21
early Protestants, e.g. Calvin, recognised natural law as important as a basis for positive law & theology - 2019, 179, 117
Ecclesiastical courts: hierarchy & functions of - 2004, 153, 128
Ecclesiastical courts in England for 2016 onwards, practice note on citation abbreviations for cases - 2016, 176, 110
economy in orthodox theology comes before the law whereas equity in catholic canon law comes after the law to amend it - 2014, 172, 27
education since 1811, role of the Anglican Church in - 1995, 124/125, 17
employee status for ministers of religion, sometimes they have this and can claim unfair dismissal etc - 2007, 158, 83
employment rights of clergy, views of the different Churches on giving these - 2006, 156, 59
employment status of Methodist Clergy: 'Preston' case analysis, no intention to create a contract - 2017, 179, 159
employment status of the clergy: Salvation Army officers sign to show they understand they have no contract - 2017, 179, 159
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
English Ecclesiastical courts & the regulation of divorce - 2015, 174, 35
English Reformation was slow process ending as ecclesiastical hybrid: fairly Catholic liturgy, some Calvinist doctrine - 2017, 178, 37
Equality Act 2010: characteristics of sex, marriage & sexual orientation have specific provisions for religions; discussion of principles and case law - 2018, 181, 171
Equality Bill and discrimination, concerns that exceptions for religion or belief don't give enough protection - 2009, 163, 166
establishment creates obligation to provide infant baptism & marriage - could threaten conscience of clergy - 2012, 168, 22
Establishment in the Bible, early Church history & post-reformation UK - 2013, 170, 7
establishment of the Church and Reform of the House of Lords - 2007, 159, 136
Establishment: views on, by religious leaders & sociologists - 2004, 152, 8
exhumation of an alleged sexual abuser buried due to mix up in a family grave was an exceptional circumstance therefore allowed (case) - 2019, 182, 99
exhumation of stillborn's remains, mother requests removal from partner's plot as he was not the father; permanence of Christian burial upheld (case) - 2019, 182, 97
exhumation procedures, simplification of some of these involving consecrated ground; amendment to Burial Act 1857 - 2015, 175, 227
exhumation / re-interment not allowed if burial was expected to be permanent(even if grave turns out already allocated to others)(case) - 2017, 178, 146
exorcism, history & development of secular and Church of England law on, from Reformation to present - 2018, 180, 51
exorcism, the 1604 Canon to regulate this in Church of England & its 1969 repeal; contemporary guidelines - 2018, 180, 51
gravestone in churchyard, petitioner's wish to add 'beloved' to father's inscription rejected as had been convicted of his murder (case) - 2019, 182, 96
Henderson (Ian) & Butler: differences between moral (reasoned) duties & positive (revealed) duties: former should take precedence or nuttiness prevails - 2012, 169, 157
Henry VIII's reformation was about sovereignty, not theology (which mostly remained Catholic) - 2017, 178, 37
homosexuals: case of unlawful discrimination when applying for church post - 2007, 159, 153; 2008, 160, 67
House of Lords reform: political debate on - 2008, 161, 111
irish inscription shouldn't be used on Church of England headstone without translation (case) - 2020, 185, 203; judgment thrown out on appeal as directly discriminatory on grounds of race - 2021, 186, 80
legal entities, structures & types of governing legislation in Church of England - 2016, 176, 18
legal seat of authority in the Church of England; historical amendments to - 2017, 178, 37
legislative obstacles to unification of Christian churches - 1988, 96/97, 5
local authority offer to informally 'slide' body into new burial plot is against Ecclesiastical law and also criminal if remains 'removed' (case) - 2017, 178, 146
marriage no longer sacramental post English reformation but still solemnised in church (Scotland different & constituted by consent) - 2017, 178, 37
marriage regulation, historical Protestant & Catholic approaches to: Council of Trent, Luther's use of civil law, English church canons - 2017, 179, 117
Medieval church courts can be seen as the first modern Western legal system with books, precedents & reports; King's courts much less sophisticated despite personnel overlap - 2017, 178, 37
Methodist church constitutional issues over legal status of members & required amendments - 2017, 179, 159
minister of religion (C. of E. with freehold) can't claim unfair dismissal due to no contractual relationship with Diocesan Finance Board or Bishop (case) - 2012, 168, 142; EAT rules was an 'employee' and a 'worker' so fresh hearing allowed - 2014, 172, 100; Court of Appeal rules cases are specific as to employment rights, here no contract but office holder could be employee - 2015, 175, 297
minister of religion dismissed for 'marriage difficulties' allowed to appeal (case) - 2018, 180, 140
ministers of religion: differences in Roman Catholic & Anglican decisions on women in ordained ministry; both appear legal - 2018, 181, 171
ministers of religion, employment status of - 1997, 132/133, 22
ministers of religion, no general principle that have employment rights as employees but can't assume no legal relations - 2007, 159, 129
ministers of religion: URC ordinand in training is an apprentice & in employment (case) - 2018, 181, 245
ministers of religion, workers rights available to, but employee rights depend on denomination - 2007, 159, 129
moral or revealed law in Church discipline: need for caution to avoid unecessary conflict and schism - 2012, 169, 157
National Church as a canonical concept - 2002, 149, 77
National Church as a civil law concept - 2002, 149, 77
National Church, European Conferences exploring the concept of - 2002, 149, 70
National Churches: the Church of England, Church of Scotland & Church in Wales as - 2002, 149, 77
no Christian political unity but often agree on values e.g. against death penalty, for censorship - 2015, 175, 198
non-English inscriptions on headstones, general guidance for Diocese of Leeds (case) - 2021, 186, 84
ordination of women: questions about legal authority in Anglican Church - 1996, 130/131, 114
ordination training may be affected by withdrawal of funding for prior graduates - 2008, 161, 111
parish councils, not bound by wishes of minister - 1970, 27, 102
parish law in the Church of England - 1968, 18, 8
parliamentary legislation, can Anglican Church amend - 1996, 130/131, 114
Parochial Church Councils: non-governmental status of (C.of E.) - 2003, 151, 163
parochial fees (C. of E.) for funerals; differences for Church in Wales - 2015, 175, 227
Percy case: bringing discrimination into the question of employment status of clergy; review of case law - 2017, 178, 80
petition to Consistory court to exhume skull as possibly Shakespeare's; no evidence for this so refused (case) - 2016, 176, 100
post reformation Catholic & Protestant jurists still used parts of the canon law in the ius commune as legal authority - 2017, 179, 117
post-reformation church law in England: Canon law continued in force unless consciously revoked - 2017, 178, 37
post-reformation gradual changes in English doctrine, worship and canon law (new legal hierarchy established) - 2017, 178, 37
post reformation jurists, both Catholics & Protestant, thought the law should enforce Christian morality including church attendance, usury, blasphemy etc - 2019, 179, 117
pre reformation equitable jurisdiction encroached into common law; St German stated divine law also in common law thus usurping the church - 2018, 181, 189
Prime Minister cannot advise monarch on appointment of Church of England Bishops if Catholic; law out of date? - 2021, 186, 44
public worship inviolability enshrined in 1860s Statute law; Peter Tatchell fined for disrupting sermon - 2021, 186, 4
Queen's statement on Anglican Establishment and discussion of this - 2014, 172, 10
Reaney case: whether sexual orientation can be used to discriminate against Youth worker applicant - 2009, 163, 142
recognition of Anglican Church in Israel - 1970, 26, 3
'rectorial land', history of the rights & duties associated with - 2003, 151, 163
redundant churches - 1969, 23, 48
reform of the ecclesiastical courts (1830-57) and modern issues of 'religious law' - 2011, 166, 52
reformation history: Cromwell's debates over the number of sacraments; St German's anti-clerical contribution - 2018, 181, 189
religious disputes: the role of the secular courts - 2008, 160, 13
religious trusts, approaches to resolving issues involving order and doctrine - 2006, 157, 29
religious trusts, law on resolving disputes about - 2006, 157, 29
religious voting behaviour: influence of denomination, church attendance & precedence of other issues - 2015, 175, 198
remarried not permitted to take Holy Orders in C. of E. while spouse alive but Archbishop can allow; does discretion make exemption to discriminate in Equality Act legally difficult? - 2018, 181, 171
retreat centre owned & run by C of E minister; not State regulated as Church of England Measures are not public general act so not VAT exempt (case) - 2022, 188, 99
rights of access to Church rites & property - 2002, 149, 77
Rustat memorial at Jesus College, Cambridge: would college have been better opting for secular controls rather than faculty jursidiction? - 2022, 188, 21
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145
St German (Christopher), on Reformation issues of authority; puts king above Church in identifying the sacraments - 2018, 181, 189
St German provided intellectual arguments to undermine Rome & raise power of English King in Parliament - 2018, 181, 189
St German's 'Discourse of the Sacramentes': a moderate reformation text with anti-clerical (pro laity) analysis giving authority to king-in-parliament - 2018, 181, 189
St German provided intellectual arguments to undermine Rome & raise power of English King in Parliament - 2018, 181, 189
Stubbs-Maitland controversy over the role of Roman canon law in the ecclesiastical courts during the Reformation: Helmholz's analysis - 2017, 178, 37
Succession to the Crown Act 2013: removes gender discrimination but not all discrimination against Catholics; parliamentary debates on - 2014, 172, 10
Succession to the Crown Bill: monarch must still be 'in communion with' the Church of England - 2013, 170, 96
The Churches' Funerals Group: membership, history, work and current issues - 2015, 175, 227
unacceptable clergy conduct, attempts in legislation to define - 1996, 130/131, 66
vicarious liability established in case of Jehovah's Witness raped by ministerial servant (case) - 2020, 184, 93
vicarious liability for C. of E. or R.C. charities if there is an agency relationship between charity and church - 2016, 176, 18
vicars set up organisation to raise funds from C. of E. members to distribute among churches that reject 'liberalism'; possible threat to central church funds - 2016, 176, 18
Vietnamese religious tradition to exhume remains after ten years and re-bury is allowed by Church despite principle of burial permanence (case) - 2016, 176, 99
who employs a minister of religion - God or Church? - 1997, 132/133, 22
Wilberforce, Sharp & other Christians who changed attitudes to slavery & the law - 2007, 158, 4
Williams (Rowan): evidence given on House of Lords Reform & the presence of bishops there - 2014, 172, 10
witchcraft: laws & trial processes in England compared to Europe (ecclesiastical & secular courts) - 2011, 167, 54
Australian Church & State
Anglican Church constitutionally cannot be a national church - 1993, 118/119, 128
Anglican Church in Australia, nature and legal standing of - 1993, 118/119, 128
former Anglican Bishop deposed by Diocese; appeal to Appellate Tribunal concluded no jurisdiction but ruled deposition void as Diocese had exceeded its own jurisdiction - 2017, 178, 124
judicial intervention in female ordination dispute - 1992, 112/113, 51
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Austria
Jehovah's Witnesses seeking recognition as a religious society suffered unacceptable delays breaching Article 9 (case) - 2008, 161 154
Bulgaria
refusal to register religious association with similar name & constitution to another violated Article 9 read with 11; allow public to choose (ECHR) - 2017, 178, 133
Roma church hadn't exhausted domestic remedies for their registration before appealing to ECHR (case) - 2008, 161, 145
unlawful for government to take sides between rival church leaderships (ECHR) - 2009, 163, 185; applicants awarded damages but no property rights (ECHR) - 2011, 166, 82
Canada
Church congregation, as a voluntary association with Constitution, should abide by this when expelling members (case) - 2020, 184, 90
Croatia
government must remain neutral and recognise small reformed churches as able to provide pastoral care, education and marriages (as others are) (ECHR) - 2011, 166, 96
Germany
Lutheran authority issues e.g. state as ruler rather than Pope but how to preserve religious freedom or allow political revolt - 2017, 178, 6
Lutheran 'Church Ordinances' and their wide ranging provisions; state takes over from Canon Law - 2017, 178, 6
Greece
existing religious communities recognised under new Religious Legal Persons status - 2016, 176, 42
new law to define & voluntarily register Religious Communities, Religious Legal Persons & Ecclesiastical Legal Persons - 2016, 176, 42
Hungary
Hungarian Evangelical Brotherhood deregistered under new Church law awarded damages as just satisfaction (ECHR) - 2017, 178, 141
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91; dismissal not governed by secular law so inadmissible (ECHR) - 2017, 179, 237
Italy
financing of faith communities in Italy: criteria under which finance can be used for each faith community - 2010, 165, 159
financing of faith communities in Italy: providing choice to individuals & extending beyond Catholic Church - 2010, 165, 159
Moldova
refusal to register Orthodox church by Regional Council violates Article 9 (ECHR) - 2012, 169, 270
State can't legally refuse to register a religious denomination - 2007, 158, 80
New Zealand
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Northern Ireland
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
Norway
Church of Norway: brief history of Church/State relationship - 2004, 153, 159
Church/State relations - 2004, 153, 159
parallels between the Church of Norway & the Church of England - 2004, 153, 157
Poland
Baptist Church not formal owner of property taken by Communists so can't claim back but extended proceedings violated Article 6 (ECHR) - 2018, 180, 116
Republic of Ireland
Church of Ireland: legal structure of, types of clerical appointment; need for clarity in employment status of ministers - 2017, 178, 80
clergy: no legal employment status - 2005, 155, 144
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
Romania
ministers of religion convicted for ministering despite being suspended; convictions ruled incompatible with freedom of religion (ECHR) - 2019, 182, 101
Russia
dissolution of pentecostal mission / college for regulation breaches should have been dealt with less intrusively - article 9 violated (ECHR) - 2014, 173, 220
Scotland
breakaway Free Church of Scotland group cannot claim buildings from pre-schism church (case) - 2009, 163, 198; appeal dismissed as new group is not part of original structures - 2011, 167, 122
Covid 19 pandemic in UK: Scottish differences in regulations / effect on worship; successful judicial review - 2021, 187, 96
Covid church closure regulations challenged & declared disproportionate by Judicial Review - 2021, 186, 8 and 75
development of post-reformation Church/State relations in Scotland - 2013, 170, 7
ecumenism and the stumbling block of episcopacy - 2004, 153, 128
Free Church of Scotland conflicts over use of songs & instrumentals other than psalms / Bible paraphrase in worship - 2012, 169, 157
Free Church of Scotland disciplines Lord Mackay of Clashfern for attending R.C. Mass - 2012, 169, 157
ministers of religion (Free Presbyterian Church of Scotland) are office-holders, not employees, but going to Employment tribunal does not forfeit right to judicial review of church tribunal - 2010, 165, 227
law on disinterment of coffins; general protection until disintegration complete (case) - 2019, 183, 229
Reformed Church of Scotland: Church governance, description of - 2004, 153, 128
Reformed Church of Scotland: complex analysis of separation of powers in - 2004, 153, 128
remains from cremation (cremains), disinterment needs court application to determine necessity - permission granted (case) - 2019, 183, 229
Scottish Ecclesiastical tribunals & the Human Rights Act - 2004, 153, 128
Spain
comparison of teaching of religion in Spanish & UK state schools (should this be denominational?) - 2007, 158, 54
Ukraine
canonical allegiance: state should allow parish statute changes - 2007, 159, 160
United States of America
Christians with strongly held beliefs are a declining, discrete, insular minority in the U.S. so may require legal protection - 2015, 175, 209
church autonomy very wide in employment/dismissal of anyone in religious capacity ('ministerial exception') or by religious organisation, but few rights for employees - 2011, 166, 37
Could U.S. Courts arrive at same decision as Hobby Lobby without using R.F.R.A. (i.e. are Christians a discrete & insular minority?) - 2015, 175, 209
Lutheran Church - Missouri Synod: structure of organisation, internal dispute resolution & major case where ministerial exception upheld - 2012, 169, 210
Wales
Church in Wales, disestablishment of the - 2002, 149, 134
Church in Wales, nature of, and clergy discipline - 1998, 138/139, 127
Church in Wales disestablished for ecclesiastical law but not common law; leaving obligations for marriages & burials with no capacity to amend - 2015, 174, 96
Church of England can change marriage law by simple Measures; Church in Wales needs Primary legislation - 2015, 174, 96
courts system established for the Church in Wales and subsequent changes to this; do these changes affect impartiality? - 2017, 179, 171
disestablishment & constitution of the Church in Wales - 2017, 179, 171
legal sub-committee of Church in Wales, system of seeking legal advice may in some cases conflict with natural justice - 2017, 179, 171
procedures for choosing Archbishops and Bishops in Church in Wales, have the 'failure to agree election' plans become less just? - 2017, 179, 171
Provincial Court of the Church in Wales: jurisdiction of & standard of proof - 1998, 138/139, 127

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The Edmund Plowden Trust