The Definition Of Religion

Question 1

What is mostly used to define religion?

Answer 1

The charities act

Question 2

What are the 5 filtering devices used to stop everything being defined as a religion?

Answer 2

Morality AdvancementExclusivity Public benefitDefinition

Question 3

Th morality filter

Answer 3

Religious trusts are not recognised if they are immoral or encourage immorality

Question 4

Thronton v Howe

Answer 4

Morality filterReligious trusts are not recognised if they are immoral or encourage immorality

Question 5

The advancement filter

Answer 5

Religious trusts must be for the advancement of religion

Question 6

United grand lodge of ancient free and accepted masons of England v Holborn borough council

Answer 6

The object of the masons did not add up the advancement of religion

Question 7

The exclusivity filter

Answer 7

They exclude claims that are not solely for the purpose of advancing religion and thus not exclusively charitableBut where is the line drawn?

Question 8

Farley v Westminster bank

Answer 8

Exclusivity filterA trust for parish work was denied because it was not all religious work

Question 9

Re simson

Answer 9

Exclusivity filter A will elbowing a gift to a vicar of s named church ‘to be used for his work in the parish’ was a valid charitable gift

Question 10

The public benefit filter (two different meanings)

Answer 10

(i) registration law (ii) charity law- only religious service tending directly or indirectly towards the instruction or the edification of the public is charitable

Question 11

Chirac of Jesus Christ of latter- day saints v henning

Answer 11

Public benefit filterRegistration lawThe words “place of public worship” cannot apply to a place from which the public is excluded

Question 12

The definition filter

Answer 12

Prior to toleration a very restrictive definition of religion was used Advancement of religion was seen as being synonymous with the promotion of the mission of the cofe All other trusts failed to comply with public policy Religion is no longer narrowly defined nor merely synonymous with Christianity

Question 13

Bowman v secular society

Answer 13

Orbiter comments by LJ packer were interpreted to mean that the definition of religion for charity law purposes required a belief in God

Question 14

What were the two cases in the 20th century that the definition of religion was revealed?

Answer 14

R v registrar general ex party segerdal Re south place ethical society

Question 15

R v registrar general ex Parte segerdal

Answer 15

Looking at ScientologyNot whether Scientology was a religion but whether or not it was a place of meeting for worship

Question 16

What were the criteria LJ Buckley set out for worship in R v registrar general ex Parte segerdal

Answer 16

Submission to the object worshipped Veneration of that objectPraiseThanksgivingPrayer or intercession (He found no worship with the application of this criteria)

Question 17

What did denning day worship meant in R v registrar general ex Parte segerdal

Answer 17

Reverence or veneration and considerable stress on the spirit of man

Question 18

Re south place ethical society

Answer 18

Understood to be authorative despite being heard only by the chancery held that the two essential attributes of religion were faith and worship

Question 19

What did Dillon LJ say in Re south place ethical society?

Answer 19

That extending the meaning of the word religion do as to embrace all other beliefs and philosophies was the way forwards

Question 20

What is the current position of the definition of religion?

Answer 20

The definition of faith and worship remains the common law definition from re southplace ethical society

Question 21

What did the commission recognise in 2002?

Answer 21

The promotion of religious harmony as a new charitable purpose which is not restricted to religions

Question 22

What about the charities act?

Answer 22

Provides a partial definition of religion that supplements the common law definition and removes uncertainty

Question 23

Kuch case as part of human rights law

Answer 23

Argued it was her constitutional right to take drugs as it was part of her religion The new American church Chose to rely on her being an ordained minister of the church as evidence of beliefs Marijuana and LSD were the hosts of the churchHELD: not a religion!

Question 24

Why is the definition of religion rare,y used as a filtering device?

Answer 24

• not often in dispute whether the religion actually is a religion- the courts don’t want to ask the question- there are many other ways by which the courts can exclude religious freedom cases as her outside the scope of provision (Williamson)Commonly written so as the definition gives wide berth (art 9.)

Question 25

What do religious freedom provisions protect?

Answer 25

ThoughtConscienceReligionBelief

Question 26

To what extent do we have the right to manifest belief? What are the three different perspectives?

Answer 26

Literal viewComprehensive viewHybrid view

Question 27

The literal view of the manifestation of belief

Answer 27

Religious freedom article should be read literally. Thus, they protect freedom of thought, conscience and religion, but only the manifestation of religion or belief (belief include non- religious belief). This is limited because it confines belief to religious belief

Question 28

The comprehensive view of the manifestation of belief

Answer 28

Religious freedom articles should be read exhaustively, they protect the freedom to hold and the right to manifest thought, conscience and religion (This would turn the right to manifest religion or belief into s general right to manifest conscience)

Question 29

The hybrid view of the manifestation of belief

Answer 29

A compromise between the other two Religious freedom articles should be read as overlapping with those concerning freedom of expression The right to manifest belief includes some manifestations of thought and conscience while the remainder are protected by the freedom of expression clauses

Question 30

What does the office for democratic institutions and human rights say about the definition of belief?

Answer 30

Typically part aims to deeply held conscientious beliefs that are fundamental about the human condition and the world Atheism is actually in this category

Question 31

Campbell and cosans v United Kingdom

Answer 31

Definition of beliefArt 2. Convictions are not synonymous with opinion and ideas but to beliefs

Question 32

Pretty v the UK

Answer 32

Definition of belief Assisted suicide did not fall under the beliefs of article 9

Question 33

The judgement of Williamson

Answer 33

Definition of belief LJ Nicholas said that belief applies as much to non- religious belief as religious belief But, a non- religious belief must relate to an aspect of human life or behaviour of comparable importance that normally found with religious beliefs

Question 34

The definition of belief is rarely used as a filtering device but it was in…

Answer 34

Whaley v Lord advocate

Question 35

What is the issue with Williamson

Answer 35

LJ walker”In matters of human rights the court should not show liberal tolerance only to tolerate liberals”

Question 36

Where can the narrow definitions of religion and belief in discrimination law be found?

Answer 36

The employment quality (religion or beliefs) regulations 2003The equality act 2010

Question 37

What is the original definition of religion or belief and where can it be found?

Answer 37

Regulation 2(1) of the 2003 regulations defined ‘religion or belief’ as meaning “any religion, religious belief, or similar philosophical belief”

Question 38

Hussain v bhuller bros the original definition

Answer 38

This suggested a more liberal approach to be adopted but it is doubtful whether this is persuasive AndThe ECHR has taken a much narrower approach

Question 39

Williams v South Central ltd

Answer 39

A narrow approach emphasised discrimination on grounds of loyalty to a national flag or native country was inconsistent with regulations

Question 40

Baggs v fudge

Answer 40

Excluded political beliefs from protection because they were not similar to religious beliefs

Question 41

Where can you find the revised definition of religion or belief?

Answer 41

S77 of the equality act 2006

Question 42

S77 of the equality act 2006

Answer 42

Lack of religion or belief is now explicitly includedRemoval of the word similar- religion is now defined as ‘any religion’ and ‘belief’ as any religious OR philosophical belief (very broad)Does this not question baggs v fudge!?

Question 43

An expansive definition of enemies is now being used

Answer 43

Grainger Plc v Nicholson

Question 44

What did burton LJ say the five requirements of philosophical belief were in Grainger Plc v Nicholson

Answer 44

Must be genuinely heldMust be a belief and not a viewpoint based on the present state of information available It must be a belief as to a weighty and substantial aspect of human life and behaviour It must attain a certain level of cogency, seriousness, cohesion and importanceIt must be worthy of respect in a democratic society, but not incompatible with human dignity and not conflict with the fundamental rights of others

Question 45

Greater Manchester police authority v power

Answer 45

Spiritualism and life after death count as a philosophical belief

Question 46

R in the application of Hodkin v registrar general of births deaths and marriages

Answer 46

One of the most significant decisions relating to law and religionSupreme Court- a church within the church of Scientology could be a place of meeting for religious worship within section 2 of the 1855 act OVERRRULED by segerdal Provides guidance on how the terms religion and religious worship are to be understood by English law in the 21st century

Question 47

The commission states that there are four characteristics of a religion for the purpose of charity law, what are they?

Answer 47

Belief in God, goddess, supreme being, divine entity and so forthA relationship between the believer and the supreme being or entity by showing worship of, reverence for, or veneration of it/them A degree of cogency, cohesion, seriousness and importanceAn identifiable positive, beneficial, moral or ethical framework Broadened what is understood as belief in God and bought the commissions understanding in line with the requirements in the HRA

Question 48

Is registration compulsory in the UK?

Answer 48

No but there are loads of acts that give legal advantages and stuff