Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000103
Frank Cranmer
In April 2023, the House of Bishops of the Province of the Church of Uganda elected Canon Godfrey Kasana as Bishop of Luwero. Before his consecration could take place, however, a member of the church submitted a petition alleging that he was unsuitable for consecration on grounds of adultery – and in June the House of Bishops revoked his nomination. The respondents, in effect, sought judicial review of that decision, while the Archbishop argued that the claim was brought against the wrong party and was frivolous, vexatious and an abuse of process.
{"title":"Archbishop of Uganda v Joyce and Others","authors":"Frank Cranmer","doi":"10.1017/s0956618x24000103","DOIUrl":"https://doi.org/10.1017/s0956618x24000103","url":null,"abstract":"In April 2023, the House of Bishops of the Province of the Church of Uganda elected Canon Godfrey Kasana as Bishop of Luwero. Before his consecration could take place, however, a member of the church submitted a petition alleging that he was unsuitable for consecration on grounds of adultery – and in June the House of Bishops revoked his nomination. The respondents, in effect, sought judicial review of that decision, while the Archbishop argued that the claim was brought against the wrong party and was frivolous, vexatious and an abuse of process.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"18 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000231
Renae Barker
This article explores the interpretation and application of the term ‘doctrine’ within the Anglican Church of Australia and its implications in Australian civil law, particularly anti-discrimination legislation. It examines the tension between (1) the constitutional definition in the Church's constitution and (2) broader interpretations found in General Synod resolutions. The anxiety evident in the General Synod resolutions underscores ongoing debates within the Church about same-sex marriage and relationships and the application of secular exemptions in anti-discrimination legislation. The article concludes that the civil law definition of the term ‘doctrine’ is wide enough to encompass both the Anglican Church of Australia's constitutional definition and the broader meaning found in General Synod resolutions. Nevertheless, care needs to be taken by the Church to avoid the risk of civil courts being called upon to engage in their own exegesis of scripture, and thereby come to conclusions which are at odds with the avowed beliefs of the Church.
{"title":"When a doctrine is not a doctrine: understating the intersection of civil and canon law and the ‘doctrine’ of marriage in the Anglican Church of Australia","authors":"Renae Barker","doi":"10.1017/s0956618x24000231","DOIUrl":"https://doi.org/10.1017/s0956618x24000231","url":null,"abstract":"This article explores the interpretation and application of the term ‘doctrine’ within the Anglican Church of Australia and its implications in Australian civil law, particularly anti-discrimination legislation. It examines the tension between (1) the constitutional definition in the Church's constitution and (2) broader interpretations found in General Synod resolutions. The anxiety evident in the General Synod resolutions underscores ongoing debates within the Church about same-sex marriage and relationships and the application of secular exemptions in anti-discrimination legislation. The article concludes that the civil law definition of the term ‘doctrine’ is wide enough to encompass both the Anglican Church of Australia's <jats:italic>constitutional</jats:italic> definition and the <jats:italic>broader</jats:italic> meaning found in General Synod resolutions. Nevertheless, care needs to be taken by the Church to avoid the risk of civil courts being called upon to engage in their own exegesis of scripture, and thereby come to conclusions which are at odds with the avowed beliefs of the Church.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"47 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140934965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x2400022x
David Etherington
The origins of this comment lie in Charles George KC's article: ‘Do we still need the faculty system?’1 which came towards the end of his tenure of office as Dean of the Arches and Auditor (2009–2020). George himself acknowledged that his conclusion, namely that a no-holds-barred review of the faculty system would now be appropriate, might come as ‘rather a surprise’ and that some might have expected his answer to his own question to be in the affirmative: namely, that we do still need a faculty system.
这一评论源于 Charles George KC 的一篇文章：我们还需要院系制度吗？"1 一文，该文发表于查尔斯-乔治 KC 担任凯旋门学院院长和审计员（2009-2020 年）的任期即将结束之时。乔治自己也承认，他的结论，即现在应该对教员制度进行无保留的审查，可能 "相当令人吃惊"，有些人可能以为他对自己问题的回答是肯定的：即我们仍然需要教员制度。
{"title":"In defence of the Chancellor: a personal perspective","authors":"David Etherington","doi":"10.1017/s0956618x2400022x","DOIUrl":"https://doi.org/10.1017/s0956618x2400022x","url":null,"abstract":"The origins of this comment lie in Charles George KC's article: ‘Do we still need the faculty system?’<jats:sup>1</jats:sup> which came towards the end of his tenure of office as Dean of the Arches and Auditor (2009–2020). George himself acknowledged that his conclusion, namely that a no-holds-barred review of the faculty system would now be appropriate, might come as ‘rather a surprise’ and that some might have expected his answer to his own question to be in the affirmative: namely, that <jats:italic>we do</jats:italic> still need a faculty system.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"112 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140934970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000036
Frank Cranmer
On 4 December, the Home Secretary unveiled a new package of measures to reduce immigration – a matter of great interest to faith communities, given that some of them depend fairly heavily on clergy and lay-workers from overseas to sustain their pastoral ministries. One of the elements in his statement to the Commons was a decision to ‘increase the skilled worker earnings threshold by a third to £38,700 from next spring, in line with the median full-time wage for those kinds of jobs’ and to raise the minimum income for family visas ‘to the same threshold as the minimum salary threshold for skilled workers, which is £38,700’.1
{"title":"How not to announce changes to the Immigration Rules","authors":"Frank Cranmer","doi":"10.1017/s0956618x24000036","DOIUrl":"https://doi.org/10.1017/s0956618x24000036","url":null,"abstract":"On 4 December, the Home Secretary unveiled a new package of measures to reduce immigration – a matter of great interest to faith communities, given that some of them depend fairly heavily on clergy and lay-workers from overseas to sustain their pastoral ministries. One of the elements in his statement to the Commons was a decision to ‘increase the skilled worker earnings threshold by a third to £38,700 from next spring, in line with the median full-time wage for those kinds of jobs’ and to raise the minimum income for family visas ‘to the same threshold as the minimum salary threshold for skilled workers, which is £38,700’.<jats:sup>1</jats:sup>","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"133 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000188
Jack Stuart
This petition concerned proposals for major re-ordering works to this Grade II listed church, consecrated in 1933. Of particular interest was the fate of two substantial paintings based on Pilgrim's Progress by Norman Adams, installed in 1972, whose removal was required by the main works proposed. Each painting covered a substantial part of one side of the church above the nave arcades. They were described as being of national importance.
{"title":"Re St Anselm's Church, Kennington Cross","authors":"Jack Stuart","doi":"10.1017/s0956618x24000188","DOIUrl":"https://doi.org/10.1017/s0956618x24000188","url":null,"abstract":"This petition concerned proposals for major re-ordering works to this Grade II listed church, consecrated in 1933. Of particular interest was the fate of two substantial paintings based on Pilgrim's Progress by Norman Adams, installed in 1972, whose removal was required by the main works proposed. Each painting covered a substantial part of one side of the church above the nave arcades. They were described as being of national importance.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"2015 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000024
Mark Hatcher
This article seeks to provide a constitutional law perspective on the contribution of the Lords Spiritual to the scrutiny of legislation in the House of Lords. It examines the legal basis of the bishops’ role in the Upper House and how this has evolved. It considers how far the bishops currently meet expectations about their role against the background of calls for reform of the House of Lords and changes in religious affiliation in the United Kingdom. The paper draws, amongst other things, on the experience of a group of current and former Lords Spiritual who shared their views with the author in the course of some informal semi-structured conversations. It also examines the relationship between the Lords Spiritual and the Church of England's national institutions. It concludes that the Lords Spiritual make a distinctive contribution to the legislature which should be maintained, with some modifications to meet the needs of the time.
{"title":"Bishops in the House of Lords: fit for the future?","authors":"Mark Hatcher","doi":"10.1017/s0956618x24000024","DOIUrl":"https://doi.org/10.1017/s0956618x24000024","url":null,"abstract":"This article seeks to provide a constitutional law perspective on the contribution of the Lords Spiritual to the scrutiny of legislation in the House of Lords. It examines the legal basis of the bishops’ role in the Upper House and how this has evolved. It considers how far the bishops currently meet expectations about their role against the background of calls for reform of the House of Lords and changes in religious affiliation in the United Kingdom. The paper draws, amongst other things, on the experience of a group of current and former Lords Spiritual who shared their views with the author in the course of some informal semi-structured conversations. It also examines the relationship between the Lords Spiritual and the Church of England's national institutions. It concludes that the Lords Spiritual make a distinctive contribution to the legislature which should be maintained, with some modifications to meet the needs of the time.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"65 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000139
Frank Cranmer
The petitioner sought a faculty for the exhumation of her mother's body from a consecrated burial ground, where she had recently been buried, in order to re-inter her in another consecrated burial ground, within the same diocese. The general rule enunciated by the Court of Arches in Re Blagdon Cemetery is that because of the theological principle that Christian burial is final, a faculty for exhumation will only be granted in exceptional circumstances. In this case, however, the petition was brought because of the proximity of the mother's grave to those of close family members of the petitioner's ex-husband, who had been violent and abusive towards her and her children over a period of some eight years. Neither the petitioner nor her children could visit her mother's grave because it caused them flashbacks, and the petitioner's GP confirmed that she was having nightmares and panic attacks and was suffering from anxiety and depression.
请愿人要求获得授权，将其母亲的遗体从最近安葬她的一个神圣墓地中掘出，以便将她重新安葬在同一教区的另一个神圣墓地中。凯旋门法院在 Re Blagdon Cemetery 一案中阐明的一般规则是，由于基督教的安葬是最终的这一神学原则，只有在特殊情况下才会批准掘尸许可。然而，在本案中，提出申请的原因是母亲的坟墓与请愿人前夫近亲属的坟墓相距很近，而前夫在大约八年的时间里对请愿人及其子女施以暴力和虐待。请愿人和她的子女都不能去母亲的墓地，因为这会引起他们的回想，而且请愿人的全科医生证实，她经常做恶梦，恐慌发作，并患有焦虑症和抑郁症。
{"title":"Re Unnamed Burial Ground","authors":"Frank Cranmer","doi":"10.1017/s0956618x24000139","DOIUrl":"https://doi.org/10.1017/s0956618x24000139","url":null,"abstract":"The petitioner sought a faculty for the exhumation of her mother's body from a consecrated burial ground, where she had recently been buried, in order to re-inter her in another consecrated burial ground, within the same diocese. The general rule enunciated by the Court of Arches in <jats:italic>Re Blagdon Cemetery</jats:italic> is that because of the theological principle that Christian burial is final, a faculty for exhumation will only be granted in exceptional circumstances. In this case, however, the petition was brought because of the proximity of the mother's grave to those of close family members of the petitioner's ex-husband, who had been violent and abusive towards her and her children over a period of some eight years. Neither the petitioner nor her children could visit her mother's grave because it caused them flashbacks, and the petitioner's GP confirmed that she was having nightmares and panic attacks and was suffering from anxiety and depression.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"39 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000206
Naomi Gyane
This unopposed petition was for the removal of a commemorative plaque, installed without a faculty, on the windowsill of the south wall of the nave of the Grade II* listed church. In order to protect the privacy of any person affected by the judgment, the names of the church and the people involved were anonymised.
{"title":"Re Removal of a Commemorative Plaque for Safeguarding Reasons","authors":"Naomi Gyane","doi":"10.1017/s0956618x24000206","DOIUrl":"https://doi.org/10.1017/s0956618x24000206","url":null,"abstract":"This unopposed petition was for the removal of a commemorative plaque, installed without a faculty, on the windowsill of the south wall of the nave of the Grade II* listed church. In order to protect the privacy of any person affected by the judgment, the names of the church and the people involved were anonymised.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"26 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000127
David Willink
Following the grant of a faculty for the felling of particular trees in the churchyard, the petitioners’ contractor in error felled two trees not covered by the faculty. A petition was issued for a confirmatory faculty; the contractor was added as an additional party.
{"title":"Re Holy Trinity and St Jude, Halifax","authors":"David Willink","doi":"10.1017/s0956618x24000127","DOIUrl":"https://doi.org/10.1017/s0956618x24000127","url":null,"abstract":"Following the grant of a faculty for the felling of particular trees in the churchyard, the petitioners’ contractor in error felled two trees not covered by the faculty. A petition was issued for a confirmatory faculty; the contractor was added as an additional party.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140934968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-09DOI: 10.1017/s0956618x24000218
Naomi Gyane
The petitioners sought permission to carry out major re-ordering works including the erection of a new thatched pavilion building. Many aspects of the works, including the creation of the single storey thatched building, had also been the subject of a successful planning application to the local planning authority.
{"title":"Re St James, Piccadilly","authors":"Naomi Gyane","doi":"10.1017/s0956618x24000218","DOIUrl":"https://doi.org/10.1017/s0956618x24000218","url":null,"abstract":"The petitioners sought permission to carry out major re-ordering works including the erection of a new thatched pavilion building. Many aspects of the works, including the creation of the single storey thatched building, had also been the subject of a successful planning application to the local planning authority.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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