Download or read book Technical Issues in Charity Law written by The Stationery Office and published by Stationery Office Books (TSO). This book was released on 2017-11-29 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technical Issues in Charity Law

Download or read book Technical Issues in Charity Law written by Great Britain. Law Commission and published by Stationery Office Books (TSO). This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Consultation Paper analyses various issues in charity law and makes provisional proposals that the law should be reformed. Charities occupy a special place in society and in law. They exist for the benefit of the public: it is a fundamental principle that, for an institution to be a charity, its purposes must be exclusively charitable. Charities come in all shapes and sizes, and their aims range from focusing on local issues to a nationwide or global sphere of interest. There are approximately 180,000 charities in England and Wales registered with the Charity Commission for England and Wales, with a combined annual income of nearly £65 billion. The importance of charities is reflected by the significant donations made to them each year; charitable giving by individuals in the United Kingdom in the financial year 2012/13 was estimated to have been £10.4 billion. Charities have an important role and law should both protect and properly regulate them. The project is intended to further these objectives by removing unnecessary regulation while safeguarding the public interest in ensuring that charities are properly run

Download or read book Modernising Charity Law written by Myles McGregor-Lowndes and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Charity Law and Social Justice written by Francis Gladstone and published by . This book was released on 1982 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Charity Law written by Juliet Chevalier-Watts and published by Routledge. This book was released on 2017-09-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.

Download or read book Charity Law Social Policy written by Kerry O'Halloran and published by Springer Science & Business Media. This book was released on 2008-06-27 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Debates in Charity Law written by John Picton and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

Download or read book The Public Private Nature of Charity Law written by Kathryn Chan and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

Download or read book Charity Law written by Anne-Marie Piper and published by Sweet & Maxwell. This book was released on 2012 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence LawBasics, 3rd Edition presents students with a fully updated, compact and concise textbook. This title complements course texts and acts as a highly useful exam revision aid, putting an end to the tendency to rely on scribbled notes and photocopies. This title provides an indispensable guide for any Scots law student of evidence, accurately covering all the necessary topics for a fundamental understanding of the law of evidence as it stands in Scotland.Derek Auchie is a Lecturer in Law at The Robert Gordon University, Aberdeen and is a qualified solicitor.

Download or read book Human Rights and Charity Law written by Kerry O'Halloran and published by Routledge. This book was released on 2016-03-10 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.

Download or read book Charity Law written by Daniel Halliday and published by Taylor & Francis. This book was released on 2022-06-30 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.

Download or read book Charity Law and Accumulation written by Ian Murray and published by Cambridge University Press. This book was released on 2021-08-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written in charity law on the type of benefits that charities can provide - charitable purposes - and towards whom such benefits must be directed - the public benefit question. Almost nothing has been written about when benefits must be provided. However, accumulation of assets by charities raises profound ethical, economic and social considerations that are highlighted by the present retreat of the welfare state and the impact of the Global Financial Crisis and COVID-19. This book analyses the issue through a normative, doctrinal and comparative analysis of the legal constraints upon accumulation by charities. It reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations. In particular, the book asserts that there is room for law reform to better identify and incorporate principles of intergenerational justice into the regulation of charities.

Download or read book Regulating Charities written by Myles McGregor-Lowndes and published by Routledge. This book was released on 2017-04-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Download or read book Charity Law and the Liberal State written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-10-09 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charity Law and the Liberal State considers questions relating to state action and public discourse that are raised by the law of charity. Informed by liberal philosophical commitments and of interest to both charity lawyers and political philosophers, it addresses themes and topics such as: the justifiability of the state's non-neutral promotion of charitable purposes; the role of altruism in charity law; charity law, the tax system and the demands of distributive justice; the proper treatment of religious and political purposes in charity law; and the appropriate response of the liberal state to discrimination in the pursuit of charitable purposes.

Download or read book Charity Law and Social Inclusion written by Kerry O'Halloran and published by Routledge. This book was released on 2007-01-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the social inclusion of marginalized groups, particularly immigrants, being a major concern of Western governments, this text offers an innovative perspective that challenges charity law from a social view.

Download or read book Charity Law written by Kerry O'Halloran and published by Round Hall Thomson Reuters. This book was released on 2009 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charity Law - 2nd edition addresses the modern law relating to this sector. Like the first edition, it comes at a time of public concern about the law regulating charitable activity. While concentrating on both legal and practitioner issues, this book also explores the modern concept of charity. It examines and explains the regulatory framework for charity and the need for transparency and public accountability. It gives you a complete understanding of the changes introduced by the Charities Act 2009, giving particular attention to the responsibilities of the new regulatory authority for charities, the importance of the role now statutorily allocated to the public benefit principle, and the significance of a new extended range of charitable purposes. Contents Part 1 - Concepts, principles and historical background; Part 2 - The regulatory framework; Part 3 - Charitable purposes; Part 4 - Organisation and governance; Part 5 - Property and finance; Part 6 - Termination; Appendices. Kerry O'Halloran is an academic lawyer who is currently Adjunct Professor at the Australian Centre for Philanthropy and Nonprofit Studies, QUT, Brisbane.

Download or read book The Status of Religion and the Public Benefit in Charity Law written by Barry W. Bussey and published by Anthem Press. This book was released on 2020-02-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.