The Legal Position Of Religious Organisations

Question 1

Aston cantlow v wall bank

Answer 1

Established means close links between church and state A privileged legal position

Question 2

Black

Answer 2

Australian casePotential definition of establishment

Question 3

How is the CofE different?

Answer 3

Queen is the supreme governor Appointment of bishopsAt succession the monarch must make an oath to uphold and maintain the established church He heir must be ProtestantLords spiritual in parliamentCan create legislation

Question 4

The queen is the supreme governor

Answer 4

Canon a7 A benefitNot the supreme gov of Scotland

Question 5

The appointment of bishops

Answer 5

The queen does this on the advice of the PM Bishopric act 1878

Question 6

Olivia on the appointment of bishops

Answer 6

The PM have begun to take a back seat in the appointment of bishops (a healthy step forwards)

Question 7

At succession the monarch must make an oath to uphold and maintain the established church

Answer 7

Coronation oath act 1689A benefit to the church- a burden to others

Question 8

The heir must be Protestant

Answer 8

Exception of George I Act of settlement 1700s Burden, benefit to the church as a whole

Question 9

Lords spiritual in parliament

Answer 9

26 Read prayers at the beginning Members of other religions may be appointed under the life peers act but not sit as Lord spirituals We are one of the most pluralistic six cities in the EU so we need more diversity in parliament

Question 10

Harlow on the lords spirituals in parliament

Answer 10

Do we need them to continue establishment They are largely unregulated should we give the Lord spirituals a code of practiceShould we reduce the number of Lord spirituals to 16?

Question 11

Can create legislation

Answer 11

Measures- primary legislation, drafted by members of the CofE in the general synodCanons- the general synod Royal assentCan be challenged because of ultra vires The Church of England assembly powers act 1919They need parliamentary permission

Question 12

LJ Hope on establishment

Answer 12

It’s recognition not devolution

Question 13

The break with Rome

Answer 13

1534

Question 14

Avis about establishment

Answer 14

A lot is written on it but it’s not defined

Question 15

What about the scotland?

Answer 15

Technically established But the queen is not the supreme governor Some argue that it is just a unique position with state

Question 16

Maga

Answer 16

Courts view ministers as employees

Question 17

Courts seem to favour religions with secular values

Answer 17

Rivers

Question 18

The chancel repairs act 1932

Answer 18

The House of Lords got an opportunity to discuss establishment, they said it was essentially just another religious organisation

Question 19

Welsh church act 1914

Answer 19

Could negatively define establishment No longer in the House of LordsNo liger appointed by a monarch Ceased to exercise jurisdiction

Question 20

The Welsh church act according to price

Answer 20

Freed to make its own constitution and regulations Their property was vested in the representative body

Question 21

Non- established religious groups

Answer 21

Often overlookedSince toleration other religious groups have been able to practice their religions They can register as a place of worship Regardless of registration they are normally treated as voluntary associations

Question 22

The definition of the doctrine of non- consensual compact

Answer 22

The case of long The fact that religious groups are treated legally as voluntary associations means all their rules are binding on assenting members

Question 23

How are other religious groups regulated

Answer 23

They are regulated by private law, instead of public Normally by trusts and contract lawOccasionally by statute- Methodist church act 1976

Question 24

definition of the principle of non interference

Answer 24

Not interfering im with their internal rules

Question 25

Cases for the principle of non interference

Answer 25

Sant-baba Gilmour

Question 26

What about judicial review?

Answer 26

A general rule, no other religious organisation bar the church or England is subject to judicial review

Question 27

Wachmann

Answer 27

Refused JR. Under the principle of non interference Questionable judgement

Question 28

The Forbes Eden exception

Answer 28

Will intervene where there is financial interest Will intervene if a civil not spiritual matter

Question 29

Rules for when the courts do intervene regardless of the non intervention principle

Answer 29

The adjudicate the matter by reference to the rules and regulations of the religious groups

Question 30

Varsini

Answer 30

Courts not equipped for disputes against two or more partiesPrinciple of non intervention

Question 31

Criticisms of the position of the CofE edge

Answer 31

Possible to overstate the practical significance of the unique position of the CofE More significant in theory than practice