Pub Date : 2023-04-28DOI: 10.1017/s0956618x23000017
Rupert Bursell
Over the past thirty years questions have been raised, and still remain, as to the proper scope of the sovereign's title, Defender of the Faith, in a multi-faith society. Such questions are not only politically important but are legally important, especially as they raise questions affecting the Church of England. Those questions need to be addressed before any suggested changes are actually implemented. These questions are different from those that arise in relation to the Coronation Oath Act 1688, but nonetheless are important. In spite of the uncompromising wording of that Act, changes to the oath taken by new sovereigns have historically taken place at subsequent coronations. This has led to both denials and affirmations of the legality of such changes. As similar changes are likely to take place in the future, it is important to consider whether the courts (civil or ecclesiastical) have jurisdiction to entertain challenges to the legality of the coronation itself, to the oath and to the actions of the relevant participants.
{"title":"The Coronation Oath","authors":"Rupert Bursell","doi":"10.1017/s0956618x23000017","DOIUrl":"https://doi.org/10.1017/s0956618x23000017","url":null,"abstract":"Over the past thirty years questions have been raised, and still remain, as to the proper scope of the sovereign's title, Defender of the Faith, in a multi-faith society. Such questions are not only politically important but are legally important, especially as they raise questions affecting the Church of England. Those questions need to be addressed before any suggested changes are actually implemented. These questions are different from those that arise in relation to the Coronation Oath Act 1688, but nonetheless are important. In spite of the uncompromising wording of that Act, changes to the oath taken by new sovereigns have historically taken place at subsequent coronations. This has led to both denials and affirmations of the legality of such changes. As similar changes are likely to take place in the future, it is important to consider whether the courts (civil or ecclesiastical) have jurisdiction to entertain challenges to the legality of the coronation itself, to the oath and to the actions of the relevant participants.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"156 - 170"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43293967","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 : 2023-04-28DOI: 10.1017/s0956618x23000091
Christopher Grout
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{"title":"Christianity and Global Law E<scp>dited by</scp> Rafael Domingo and John Witte Jr Routledge, Oxford, 2020, xiii + 429 pp (hardback £104), ISBN: 978-0-367-85816-2","authors":"Christopher Grout","doi":"10.1017/s0956618x23000091","DOIUrl":"https://doi.org/10.1017/s0956618x23000091","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136000622","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 : 2023-04-28DOI: 10.1017/s0956618x23000029
Russell Dewhurst
Charles III acceded to the British throne on 8 September 2022, becoming at the same time Supreme Governor of the Church of England. This article presents an overview of the law relating to the King and the Church of England, and considers the effects of the royal supremacy today.
{"title":"The King and the Law of the Church of England","authors":"Russell Dewhurst","doi":"10.1017/s0956618x23000029","DOIUrl":"https://doi.org/10.1017/s0956618x23000029","url":null,"abstract":"Charles III acceded to the British throne on 8 September 2022, becoming at the same time Supreme Governor of the Church of England. This article presents an overview of the law relating to the King and the Church of England, and considers the effects of the royal supremacy today.","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"139 - 155"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49267650","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 : 2023-04-28DOI: 10.1017/s0956618x23000212
D. Willink
Ltd had been required to show that the reason for the decision had ‘nothing to do with’ a protected characteristic (here, religion or philosophical belief) of the BGEA–and it had not done so. It was accepted that the event was a lawful evangelical outreach event. That being so, it followed ‘that the decision to cancel was a breach of the Equality Act 2010 in that the event was cancelled as a commercial response to the views of objectors’ and there was no business case defence in law. Accordingly, on that basis alone, SEC Ltd had breached the terms of s.29(2) Equality Act 2010 by terminating the provision of the service to the pursuer. Furthermore, although the concern of Glasgow City Council for people from the LGBTQ+ and Muslim communities might be understandable, that missed the point: ‘The lawful opinions of others based here on religious or philosophical belief (whether mainstream or not) are not to be preferred one over another. All are protected.’ SEC Ltd had discriminated against the BGEA on the basis of a protected characteristic for the purposes of the Equality Act 2010 and the Sheriff awarded the BGEA £97,000 plus expenses. [Frank Cranmer]
{"title":"Re All Saints, Pontefract","authors":"D. Willink","doi":"10.1017/s0956618x23000212","DOIUrl":"https://doi.org/10.1017/s0956618x23000212","url":null,"abstract":"Ltd had been required to show that the reason for the decision had ‘nothing to do with’ a protected characteristic (here, religion or philosophical belief) of the BGEA–and it had not done so. It was accepted that the event was a lawful evangelical outreach event. That being so, it followed ‘that the decision to cancel was a breach of the Equality Act 2010 in that the event was cancelled as a commercial response to the views of objectors’ and there was no business case defence in law. Accordingly, on that basis alone, SEC Ltd had breached the terms of s.29(2) Equality Act 2010 by terminating the provision of the service to the pursuer. Furthermore, although the concern of Glasgow City Council for people from the LGBTQ+ and Muslim communities might be understandable, that missed the point: ‘The lawful opinions of others based here on religious or philosophical belief (whether mainstream or not) are not to be preferred one over another. All are protected.’ SEC Ltd had discriminated against the BGEA on the basis of a protected characteristic for the purposes of the Equality Act 2010 and the Sheriff awarded the BGEA £97,000 plus expenses. [Frank Cranmer]","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"279 - 280"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43876638","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 : 2023-04-28DOI: 10.1017/s0956618x23000108
A. Lewis
{"title":"The Cambridge History of Medieval Canon Law Edited by Anders Winroth and John C Wei Cambridge University Press, Cambridge, 2022, xx + 617 pp (hardback £140), ISBN 978-1-107-02504-2","authors":"A. Lewis","doi":"10.1017/s0956618x23000108","DOIUrl":"https://doi.org/10.1017/s0956618x23000108","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"266 - 268"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44456595","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 : 2023-04-28DOI: 10.1017/s0956618x23000224
{"title":"ELJ volume 25 issue 2 Cover and Front matter","authors":"","doi":"10.1017/s0956618x23000224","DOIUrl":"https://doi.org/10.1017/s0956618x23000224","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"f1 - f4"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43887343","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 : 2023-04-28DOI: 10.1017/s0956618x23000121
Sion Hughes Carew, Benjamin Earl
{"title":"Colloquium of Anglican and Roman Catholic Canon Lawyers","authors":"Sion Hughes Carew, Benjamin Earl","doi":"10.1017/s0956618x23000121","DOIUrl":"https://doi.org/10.1017/s0956618x23000121","url":null,"abstract":"","PeriodicalId":53956,"journal":{"name":"Ecclesiastical Law Journal","volume":"25 1","pages":"255 - 259"},"PeriodicalIF":0.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48330947","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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