A distressing example of double conveyancing came to light in Reed v Madon. A family had purchased exclusive rights of burial in a private burial ground, but one of the plots was resold, and a burial under this second title occurred before the original grantees had time to object. On the facts, the loss of the exclusive burial right could be effectively compensated in damages. This removed the need for Morritt J. to rule on some of the interesting points of law raised by exclusive burial rights. There was no authority concerned solely with a private burial ground. It was necessary therefore to argue by analogy from corresponding rights granted in other burial places, especially churchyards. It is now proposed to explore these issues.

In the light of the abuse crisis in the Roman Catholic Church, several inquiries have given recommendations on what should be done in the future, to ensure that such crimes are dealt with both civilly and canonically. In 2017, the Royal Commission of Australia produced a number of specific points to be addressed. Two years later, Pope Francis introduced guidelines to be observed universally whenever cases are reported, and these addressed many of the commission's recommendations. A question remains as to whether these have gone too far or far enough.

This article considers some of the controversies that have troubled the Anglican Communion during the past 25 years, and some of the approaches that the Churches and central Instruments of the Communion have used to maintain communion in the face of threatened division. In particular, it looks in detail at the terms of the proposed Anglican Covenant, its provenance and its legal significance. It points out the usefulness of the Covenant as a mechanism for resolving disputes between the Churches of the Communion, but questions the assumption that its adoption as, in effect, a contract between the Churches would of itself turn the Communion into a ‘two-tier’ body, or change in a fundamental way the nature of the relationships between the Churches. Finally, it notes that communion between the Churches of the Anglican Communion, with or without the Covenant, consists (as it always has done) in a wide range of relationships at very many different levels, far beyond the central structures of the Communion as they have developed during the last 150 years.

Bishop Eric Kemp was a canonist when such practice had yet to become fashionable once more. He was instrumental in the formation of the Ecclesiastical Law Society and served as its President from the creation of the Society until his death on the eve of Advent Sunday in 2009. He was a member of this Journal's Editorial Advisory Board from 1987 until 2002. The first issue of this Journal ran to 34 pages. The only substantive article, taking up more than half of its content, was by Eric Kemp. In celebration of the Silver Jubilee of the Journal and in recognition of its first President's contribution to its establishment and subsequent flourishing, this article is reproduced, lightly updated and annotated by the current Editor, who was pleased and proud to serve as Bishop Kemp's last chancellor in the Diocese of Chichester.1

This article examines the unique risks associated with Islamic financial institutions and the secular state's reticence to directly regulate their religious dimension. It argues that the state's method of regulating the Islamic financial industry ignores special reputational risks associated with the religious and cultural distinctiveness of Islamic banks.

The Clergy Discipline Measure 2003 lays down the procedures for bringing complaints against the clergy. These procedures can only be commenced in relation to specified acts or omissions and the article explores the difficulties that arise in relation thereto. It not only considers the case when a complaint is one involving doctrine, ritual or ceremonial, but also the overlap between the laws ecclesiastical; neglect or inefficiency in the performance of the duties of a cleric's office; and conduct unbecoming to the office and work of a clerk in holy orders.

Society has historically viewed suicide with hostility and fear. For centuries this hostility was reflected in the English civil law, which condemned suicide as homicide, and in the Church's position towards suicide victims, which historically considered suicide to be a mortal sin. Under the current canon law, set out in Canon B 38, it is the duty of the minister to bury all parishioners, those who die in the parish, or those entered on the electoral roll of the parish according to the rites of the Church of England, except for (among others) those who ‘being of sound mind have laid violent hands upon themselves’. This canon has come under increasing scrutiny in recent years as society's attitudes towards suicide have become more tolerant. As a result, General Synod recently voted that this canon should be amended. This article explores the development of the law relating to suicide victims in order to understand the Church's current position. It then considers the shortcomings of the current canon law and reviews the position adopted by the Roman Catholic and Methodist churches. Finally, it examines the proposals for changing Canon B 38.

This article affirms the importance of ecclesiastical polity as a theological–juridical discipline and explores its connection to ecclesiology and church law. It argues that the Anglican Communion, though not itself a church, nevertheless has a lightly structured ecclesiastical polity of its own, mainly embodied in the Instruments of Communion. It warns against short-term, pragmatic tinkering with Church structures, while recognising the need for structural reform from time to time to bring the outward shape of the Church into closer conformity to the nature and mission of the Church of Christ. In discussing Richard Hooker's contention that the Church is a political society, as well as a mystical body, it distinguishes the societal character of Anglican churches from the traditional Roman Catholic conception of the Church as a societas perfecta. In the tradition of Hooker, the role of political philosophy in the articulation of ecclesiology and polity is affirmed as a particular outworking of the theological relationship between nature and grace. The resulting method points to an interdisciplinary project in which ecclesiology, polity and church law, informed by the insights of political philosophy, serve the graced life of the Church in its worship, service and mission.

‘In Scotland the Church is fortunately in a position of practical independence of the State. Whatever difficulties and hindrances affect the Church in Scotland, and they are many, are more than balanced by the non-interference of the temporal power.’ So wrote Canon Lempriére in 1903, and so it remains. As a result it has adapted to changing circumstances more easily than a body established by law.

The Law Commission has consulted on provisional proposals for reform of the law governing how and where couples can get married in England and Wales. This article gives an overview of those proposals, with particular focus on religious weddings, including Anglican weddings. It examines proposed changes to each aspect of the process of getting married, from the preliminaries to the people required to officiate at the wedding, the permitted locations and the rules governing the content of the ceremony. The article argues that the legal status of marriage itself is highly flexible, recognising a range of unions. The proposed reforms aim to reflect the diverse range of views about the meaning of marriage, and ensure that the way in which the law recognises a legally binding wedding fits with the many different traditions according to which religious groups celebrate the formation of marriage.