In this article we discuss the recent history of the failed draft Bishops and Priests (Consecration and Ordination of Women) Measure, situating this within the broader context of the ordination of women and debates around the Equality Act exceptions for an organised religion. We aim to provide an account of the ways in which equality rights have been implemented in the relevant law; how the Church of England is responding to these rights; and how broader society understands the importance of gender equality and reacts to Synod's rejection of the draft Measure. We analyse these with reference to theories of heteronormativity and scholarship of human rights. In doing so, we aim to explain what is happening in the Church of England and broader society, and draw some conclusions about the current opportunities open to the Church and the state in matters of rights and equality.1

This article focuses on the role of private patronage within the Church of England. Private patrons own advowsons. These property rights can no longer be traded but may still be bequeathed or transferred without value. When there is a vacancy in a benefice, a patron has the right to nominate a new incumbent in accordance with the Patronage (Benefices) Measure 1986. This article uses contemporary and historical records to define private patronage and analyse the current role of the four broad categories of private patrons: private individuals, educational bodies, guilds and patronage societies. While acknowledging the benefits that patronage can bring, this article advocates substantive reform for the future including a sunset rule for private individual patronage. The article suggests that reform of the law of private patronage will make a positive contribution to other contemporary issues before the Church by promoting diversity in vocations, facilitating necessary pastoral reorganisation and adding to the dialogue about the future of the parish system.

This article discusses the application of the proportionality test which the Court of Session in Scotland and the European Court of Human Rights carried out when reviewing the limitations to worship and public gatherings imposed during the COVID-19 pandemic. The article concludes that judges should not use the proportionality standard of review as an avenue to circumvent their duty of neutrality towards religious dogmas.

The word Canon means a rule or norm and it was used at quite an early stage of the Church's history to denote both general principles governing the life of the Christian society and particular enactments of Christian assemblies. The subject matter of the canons is as wide as the life of the Church itself and consequently very varied in its nature. At one end of its range it is concerned with matters fundamental to the Church's existence such as the creeds and sacraments. At the other it deals with practical arrangements such as the ownership and use of buildings. At a recent conference with German Lutherans I was asked whether the canon law was jus divinum or jus humanum, and I felt bound to reply. ‘Both’, because of this wide range which stretches from revelation to convenience.

The title of this article is deliberately provocative: what meaning can be attached to a concept which lacks all the classic jurisprudential marks of authority, by those who concern themselves with the legal aspects of Anglican churches? Conversely, what lessons can be learned by them from the very persistence of such a concept over so very many years?

The public religion of the Isle of Man is protestant Christianity in the liturgical tradition of the English Prayer Book. The religious establishment is headed by a bishop, who has been since 1541 subject to the oversight of the Archbishop of York.

It is now generally recognised that as a matter of history the canon law was applied, subject to variations by local custom, in pre-Reformation England just as much as throughout the rest of Western Christendom. Indeed such local variations were permitted by the canon law itself. As Professor Brooke concluded in The English Church and The Papacy From The Conquest To The Reign of King John:

“The English Church recognised the same law as the rest of the Church; it possessed and used the same collections of Church law that were employed in the rest of the Church. There is no shred of evidence to show that the English Church in the eleventh and twelfth centuries was governed by laws selected by itself.”

The same was also true until the Reformation.

Schedule 1 to the Juries Act 1974 provides that ‘[a] man in holy orders; a regular minister of any religious denomination [and] [a] vowed member of any religious order living in a monastery, convent or other religious community’ is ineligible to serve on a criminal (and also a civil) jury. This has been the law since 1972. For the remainder of this century members of the clergy have been eligible, but not compellable, jurors. In practice they did not serve. The change effected in 1972 is a reversion to the position which probably prevailed in the Middle Ages. Aside from the occasional official report, the liability of religious functionaries to serve on juries in criminal trials has been rarely written about. The last time it happened was in 1882. The object of this article is to fill the lacuna by tracing the history of the clergy's ineligibility for jury service in criminal trials and the reasons for it.

This article compares key aspects of the ecclesiologies of The Episcopal Church and the Church of England. First, it examines and contrasts the underlying logic of their structures and the relationships between their constituent parts (General Synod/General Convention, diocese, parish/congregation). Against this background, it then looks at the place of bishops in the ecclesiologies of the two churches (in relation to clergy and parishes, in relation to diocesan synods/conventions and standing committees, and nationally). The American Presiding Bishop's role is contrasted with the traditional roles of primate and metropolitan. Throughout, attention is given to origins and historical development. Reference is also made to the relevant constitutional, canonical and liturgical provisions. Rapprochement between the two ecclesiologies is noted, especially with respect to the role of the laity, but the article argues that this is far from complete. Each church's ecclesiology continues to be determined by its origins; important modifications have been made within that framework, rather than overturning it. It is hoped that the analysis will illuminate the current disputes within The Episcopal Church and the crisis within the Anglican Communion that they have prompted.

As predicted, the Charities Act 2011, which consolidates the Recreational Charities Act 1958, the Charities Act 1993 and many of the provisions of the Charities Act 2006, received Royal Assent on 14 December and came into force on 14 March 2012, three months after its enactment.

The period under review began with a speech by Communities Secretary Eric Pickles to the Cinnamon Network, a faith-based charities group, in which he emphasised the Government's continued financial support and commitment to faith groups, while acknowledging with more than a touch of frustration that they can face barriers in terms of securing funding from local authorities: