Religion, Charity and Human Rights

This comparative analysis of six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

Kerry O'Halloran (Author)

9781107020481, Cambridge University Press

Hardback, published 29 May 2014

548 pages
23.5 x 15.5 x 3.2 cm, 0.88 kg

'This is a well-researched, highly informative work. It is a perfect starting point for those new to charity law and, at the same time, it is a very useful reference book for those who want to undertake more in-depth research in this area of law.' The Cambridge Law Journal

For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.

Introduction
Part I. Background: 1. Religion, charity and the state: concepts, precepts, relationships and boundaries
2. Charity law and religion: the common law context
historical background
3. Competing frames of reference: domestic constraints
4. The international context: religion, human rights and charity law reform
Part II. Contemporary International Perspectives: 5. England and Wales
6. Ireland
7. The United States of America
8. Canada
9. Australia
10. New Zealand
Part III. Future Directions: 11. Conflicts of laws: canon law, charity law and human rights law
Conclusion.

Subject Areas: Comparative law [LAM], Law [L], Religion: general [HRA]