Charity Law and Social Inclusion

Charity Law and Social Inclusion
Author: Kerry O'Halloran
Publisher: Routledge
Total Pages: 519
Release: 2007-01-24
Genre: Medical
ISBN: 1134277652

Profiling national and international social inclusion agendas, Charity Law and Social Inclusion examines the fit between the charity law framework and the needs of the socially marginalized in some leading common law nations: the US, England and Wales, Ireland, Australia, New Zealand and Canada. It: examines the concepts of philanthropy, inclusion, alienation and justice considers the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social justice explains how weaknesses in charity law obstructs philanthropic intervention makes recommendations for changes to the legal framework governing philanthropy. O’Halloran argues that our common charity law heritage must be updated and co-ordinated to be capable of addressing social inclusion in the twenty-first century. This book is of interest to academics and students working and sudying in the areas of social policy, sociology and law, as well as professionals in community and voluntary work.

The Church of England - Charity Law and Human Rights

The Church of England - Charity Law and Human Rights
Author: Kerry O'Halloran
Publisher: Springer Science & Business Media
Total Pages: 257
Release: 2014-01-30
Genre: Law
ISBN: 3319043196

This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.

The Politics of Charity

The Politics of Charity
Author: Kerry O'Halloran
Publisher: Routledge
Total Pages: 313
Release: 2011-04-06
Genre: Political Science
ISBN: 1136740392

For the first time since 1601, a number of leading common law nations have almost simultaneously chosen to revise and place on the statute books the law relating to charity. The Politics of Charity examines the reasons for this and for the varying legislative outcomes. This book examines the legal framework and political significance of charity, as developed within England & Wales, contrasts this with the experiences of other common law nations and explores the resulting implications for government/sector relationships in those countries. It suggests that charity law lies at the heart of the relationship between government and the non profit sector, that there is an unmistakeable political agenda driving charity law reform and that the differential in legislative outcomes reflects important differences in the policies pursued by the governments concerned. Looking at fundamentally different approaches of government towards the sector in the UK, Ireland, the US, New Zealand, Canada, Singapore and Australia, O’Halloran argues the results will have implications for the present workings of parliamentary democracy. The Politics of Charity will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law, politics and public policy.

Charity Law & Social Policy

Charity Law & Social Policy
Author: Kerry O'Halloran
Publisher: Springer Science & Business Media
Total Pages: 627
Release: 2008-06-27
Genre: Law
ISBN: 1402084145

Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

The Law of Charities

The Law of Charities
Author: Peter Luxton
Publisher:
Total Pages: 0
Release: 2001
Genre: Law
ISBN: 9780198267836

In the last decade, the Charities Acts 1992 and 1993, the emergence of 'the contract culture', and the changing role of the Charity Commissioner, have all contributed to the growing importance of charity law to the practitioner. The Trustee Bill 2000, when enacted, will affect charitabletrusts in a number of areas, especially investment and delegation. The Finance Bill 2000 contains some of the most sweeping changes to charity taxation for many years. The Human Rights Act 1998, due to come into force in October 2000, will have an important, but as yet uncertain impact oncharities.These recent developments receive full treatment in this book, which aims to provide lawyers and others involved in charity management with an up to date and comprehensive commentary on charity law, including suggestions for drafting. With many new charities being formed as companies, theimportance of the various legal structures available to charities is emphasised throughout. Particular attention is also devoted to the view of the Commissioners in the light of their controversial Review of the Register.

Drafting Trusts and Will Trusts in Northern Ireland

Drafting Trusts and Will Trusts in Northern Ireland
Author: James Kessler KC
Publisher: Bloomsbury Publishing
Total Pages: 893
Release: 2020-08-13
Genre: Law
ISBN: 1526507986

Legal, tax and accountancy practitioners will find this accessible book truly indispensable. It supplies the tools and instructions that will help you build watertight trusts and will trusts in Northern Ireland. This superb book allows you to draft crisp, accurate legally binding trusts and will trusts with the minimum of research. Benefit from: - The practical precedents - use these to create accurate trusts and will trusts time after time; - The latest legislation - everything you need to know on Northern Ireland law and tax law; - All you need to know on trustees - the role and responsibilities, plus how to appoint somebody; - Key financial advice on stamp duty transactions; - A vast amount of knowledge and experience from two leading experts in this field. The main legislative change since the last edition published in 2013 has been the introduction of the complex residence nil rate band which will be covered comprehensively. Practitioners who have little involvement with inter vivos trusts will find this book invaluable for the will drafting chapters. Another important legislative change since the publication of the last edition is the Charities Act (NI) 2013 which clarified the public benefit test and which is also covered in detail in this new edition.

Charity Law Handbook

Charity Law Handbook
Author:
Publisher: Spiramus Press Ltd
Total Pages: 4417
Release: 2012-06-18
Genre: Law
ISBN: 1907444653

This is an indispensable collection of statutory and non-statutory materials relating to charity law in England and Wales. Revised to coincide with the implementation of the Charities Act 2011 – a major consolidation of the charity law - the Handbook is an essential reference source for charity lawyers, in-house lawyers, academics, charities and voluntary organisations and their trustees. Available as three paperback volumes, CD-ROM or both (the mixed media option). Statutes range from the Preamble to Charitable Uses Act 1601 to the Finance Act 2011. It also includes relevant provisions covering data protection, company law, gambling and lotteries, minimum wages, freedom of information, discrimination, tax and VAT, along with a wide range of statutory instruments and the latest SORP. New legislation since the second edition includes: Income Tax Act 2007 Corporation Tax Act 2009 Perpetuities and Accumulations Act 2009 Academies Act 2010 Bribery Act 2010 Corporation Tax Act 2010 Equality Act 2010 Charities Act 2011 Finance Act 2011 This edition is also available on CD-ROM, making more than 2000 pages of legislation and guidance portable and easy to search.

Law of Charities in Ireland

Law of Charities in Ireland
Author: Oonagh B Breen
Publisher: Bloomsbury Publishing
Total Pages: 652
Release: 2019-12-05
Genre: Law
ISBN: 1526514311

This timely handbook details how all charities in Ireland can ensure that they are legally compliant with all aspects of charities law. This complex area is clearly and concisely explained by two leading experts in the charity law field. As well as fully outlining the legislation, including detailed coverage of the Charities Act 2009, this handbook considers the life cycle of a charity in Ireland: from its creation and registration to its governance and reporting obligations right through to its relations with other charities, at home or abroad, and the demise or dissolution of a charity. Examining the role of the charity trustee in both corporate and unincorporated charities, this book details the key relationships with relevant statutory agencies from the Charities Regulator through to Revenue and the Companies Registration Office. Setting out for the first time the practical issues facing charities operating in Ireland, this handbook is vital for any person concerned with the regulation of charities in this jurisdiction.

Modernising Charity Law

Modernising Charity Law
Author: Myles McGregor-Lowndes
Publisher: Edward Elgar Publishing
Total Pages: 297
Release: 2010-01-01
Genre: Law
ISBN: 1849807973

In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics,regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.