Pub Date : 2023-09-01DOI: 10.1017/s0956618x23000285
Norman Doe
The Enabling Act 1919 provided for a new National Church Assembly able to make Measures with the same force and effect as an Act of Parliament. The 1919 Act was without question a constitutional moment with far-reaching effects; and it was about law, not morals: legalists triumphed over moralists. However, it was just one stage in a much longer trajectory of thinking about the constitution of the Church of England. This article, which started life as a lecture to the Ecclesiastical Law Society's day conference on 2 April 2022, takes the story further back – and widens it. It presents the key elements of thinking about the constitution – accidents, continuity, change – in the works of English ecclesiastical lawyers – civilians, common lawyers and clerical jurists – from the Reformation to the Act of 1919. To what extent, if at all, in their understandings of the church constitution, were our historic ecclesiastical lawyers legalists, or moralists, or both? Was the ecclesiastical constitution itself simply a legal category, or did it, and its basics, also have a moral quality? This article explores these questions in relation to: (1) the nature, sources, and purposes of the constitution of the Church of England; (2) legislative, administrative and judicial power; and (3) the rights of the individual enforceable against the decisions of ecclesiastical government. This article is based on a paper delivered to the Ecclesiastical Law Society's 2022 day conference.
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Pub Date : 2023-09-01DOI: 10.1017/s0956618x23000327
Sarah B White
{"title":"Great Christian Jurists and Legal Collections in the First Millennium Philip L Reynolds Cambridge University Press, Cambridge, 2019, xviii + 489 pp (hardback £105), ISBN: 9781108471718","authors":"Sarah B White","doi":"10.1017/s0956618x23000327","DOIUrl":"https://doi.org/10.1017/s0956618x23000327","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"387 - 389"},"PeriodicalIF":0.5,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43787389","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 : 2023-09-01DOI: 10.1017/s0956618x23000303
Ian Blaney
{"title":"Church Courts and the People in Seventeenth-Century England – Ecclesiastical Justice in Peril at Winchester, Worcester and Wells Andrew Thomson UCL Press, London, 2022, 268 pp (paperback £25), ISBN: 9781800083134","authors":"Ian Blaney","doi":"10.1017/s0956618x23000303","DOIUrl":"https://doi.org/10.1017/s0956618x23000303","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"381 - 383"},"PeriodicalIF":0.5,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44749608","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 : 2023-09-01DOI: 10.1017/s0956618x23000455
{"title":"ELJ volume 25 issue 3 Cover and Front matter","authors":"","doi":"10.1017/s0956618x23000455","DOIUrl":"https://doi.org/10.1017/s0956618x23000455","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"f1 - f3"},"PeriodicalIF":0.5,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41363000","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 : 2023-09-01DOI: 10.1017/s0956618x23000406
D. Willink
cover. Finally, the court considered the requirement in Canon F1 para 1 for fonts to have a cover. Despite examples of uncovered fonts, and the relative recency of the requirement (as identified in Re Holy Trinity, Wandsworth, Southwark Consistory Court, 4 September 2012), the court considered it was bound by the canonical requirement for a cover and could not approve by faculty the introduction of a font in breach of the requirement. Rather than refusing the petition, the court would grant a faculty, subject to conditions including that provision be made for a cover. [Jack Stuart]
封面。最后，法院考虑了佳能F1第1段关于字体要有封面的要求。尽管有未覆盖字体的例子，以及相对较近的要求(如在2012年9月4日，Wandsworth, Southwark Consistory Court, Re Holy Trinity中所确定的)，法院认为它受封面规范要求的约束，不能批准教师引入违反要求的字体。而不是拒绝请愿书，法院将批准一个教员，但须符合条件，包括提供掩护。(看到杰克Stuart)
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Pub Date : 2023-09-01DOI: 10.1017/s0956618x23000261
Bradly S. Billings
The theologian Paul Avis, in his handbook for those becoming bishops in the Anglican Communion, makes scarcely any reference throughout the course of the treatise to any distinction between a diocesan and a non-diocesan bishop. At one level this is refreshing, eschewing as it does any notion of a hierarchy within the order of bishops. However, on another level it is somewhat odd, for so much of the episcopal polity and praxis articulated throughout assumes the reader is ‘becoming’ a diocesan bishop, and is, consequently, at times irrelevant to those who are ‘becoming’ a bishop in an assisting role.
{"title":"A Limited Episcopacy? Canon Law and the Ministry of the ‘Episcopal Assistant’ in the Anglican Communion","authors":"Bradly S. Billings","doi":"10.1017/s0956618x23000261","DOIUrl":"https://doi.org/10.1017/s0956618x23000261","url":null,"abstract":"The theologian Paul Avis, in his handbook for those becoming bishops in the Anglican Communion, makes scarcely any reference throughout the course of the treatise to any distinction between a diocesan and a non-diocesan bishop. At one level this is refreshing, eschewing as it does any notion of a hierarchy within the order of bishops. However, on another level it is somewhat odd, for so much of the episcopal polity and praxis articulated throughout assumes the reader is ‘becoming’ a diocesan bishop, and is, consequently, at times irrelevant to those who are ‘becoming’ a bishop in an assisting role.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"359 - 373"},"PeriodicalIF":0.5,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45473034","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 : 2023-09-01DOI: 10.1017/s0956618x23000443
D. Willink
{"title":"Trustees of the Barry Congregation of Jehovah's Witnesses v BXB","authors":"D. Willink","doi":"10.1017/s0956618x23000443","DOIUrl":"https://doi.org/10.1017/s0956618x23000443","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"406 - 407"},"PeriodicalIF":0.5,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41437035","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 : 2023-09-01DOI: 10.1017/S0956618X23000273
Alison Milbank
It is a great challenge to respond as a theologian to Professor Doe's magisterial survey in the article published in the previous pages of this Journal.I was asked to respond to the paper upon which that article is based from a theological perspective as part of the Ecclesiastical Law Society's 2022 day conference. Professor Doe demonstrates how, in the years between Hooker and the Church Assembly, ecclesiastical lawyers had recourse to both ethical, natural law arguments and those purely from legal or even positivistic ones. It is significant to see how frequently the Anglican theorist, Richard Hooker, is invoked throughout the article. He dates, of course, from the Reformation period when, as Harold Berman points out, a pre-Enlightenment jurisprudence still obtained which combined all three dimensions of law – the political, the moral, and the historical. In my view, what is important about Hooker is that he makes no separation between the legal and the ethical because law is divine in origin and even in God himself there is a law of his being: ‘the being of God is a kind of law to his working’ in giving his perfection to what he makes and ‘God is a law both to himself and to all other things beside’. Moreover, the ethical is only realised in what we decide to do and the laws we make. Law in Hooker is even Christological because, just as the Father begets the Logos (the Son), so the law proceeds as his continuing work in creation and history. To walk in God's ways and obey his laws is to be in union with Christ. Hooker was, of course, working out the meaning of the emerging Church of England in the Reformation Settlement, but even the pragmatic is itself participatory in the divine law and he appeals back to the natural law tradition for that reason.
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Pub Date : 2023-09-01DOI: 10.1017/s0956618x23000297
Frank Cranmer
On 21 April, Dominic Raab resigned as Lord Chancellor and Secretary of State for Justice, to be replaced by Alex Chalk KC. On 8 May, The Times reported that the Bill of Rights Bill was to be dropped and that the Ministry of Justice had told its reporters that the new Justice Secretary had been ‘looking carefully’ at the Bill, while another Government source had described the Bill as a ‘complete mess’.
{"title":"February to May 2023","authors":"Frank Cranmer","doi":"10.1017/s0956618x23000297","DOIUrl":"https://doi.org/10.1017/s0956618x23000297","url":null,"abstract":"On 21 April, Dominic Raab resigned as Lord Chancellor and Secretary of State for Justice, to be replaced by Alex Chalk KC. On 8 May, The Times reported that the Bill of Rights Bill was to be dropped and that the Ministry of Justice had told its reporters that the new Justice Secretary had been ‘looking carefully’ at the Bill, while another Government source had described the Bill as a ‘complete mess’.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"374 - 380"},"PeriodicalIF":0.5,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43901280","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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