{"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}
{"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}
{"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}
{"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}
{"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}
{"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}
{"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}
{"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}
{"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}
{"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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