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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
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
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
Catholic suggestions to change Anglican Establishment law and remove discrimination against Catholics - 2014, 172, 10
challenges to Church Establishment: secular authority & temptation to dilute Gospel - 170, 2013, 7
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 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 Governance: analysis of the separation of powers - 2004, 153, 128
Church Governance: description of - 2004, 153, 128
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 failing to vote to consecrate women bishops shows conflict between equality and scripture - 2012, 169, 157
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 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
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 & 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
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
constitutional centrality of Church of England - 2012, 168, 22
cremation and treatment of ashes in Church of England and changes in canon law - 2014, 173, 145
Doctor's Commons: history & function of this as a centre for canon law scholarship & other legal practice - 2011, 166, 52
Draft Clergy Discipline Measure 2000 - fair trial of clergy? - 2000, 145, 21
Ecclesiastical courts: hierarchy & functions of - 2004, 153, 128
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
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
English Ecclesiastical courts & the regulation of divorce - 2015, 174, 35
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 - 170, 2013, 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 procedures, simplification of some of these involving consecrated ground; amendment to Burial Act 1857 - 2015, 175, 227
Henderson (Ian) & Butler: differences between moral (reasoned) duties & positive (revealed) duties: former should take precedence or nuttiness prevails - 2012, 169, 157
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
legislative obstacles to unification of Christian churches - 1988, 96/97, 5
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
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, 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
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
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
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
rights of access to Church rites & property - 2002, 149, 77
Sex Discrimination Law - brief summary of changes affecting ministers & religious employers - 2005, 155, 145
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
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
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
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
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
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
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
Republic of Ireland
clergy: no legal employment status - 2005, 155, 144
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
development of post-reformation Church/State relations in Scotland - 170, 2013, 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
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
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
Provincial Court of the Church in Wales: jurisdiction of & standard of proof - 1998, 138/139, 127

 

 

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