Modernising Charity Law

Author : Myles McGregor-Lowndes,Kerry O'Halloran
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 48,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849807975

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Modernising Charity Law by Myles McGregor-Lowndes,Kerry O'Halloran Pdf

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.

Author : Kerry O'Halloran
Publisher : Round Hall Thomson Reuters
Page : 585 pages
File Size : 53,5 Mb
Release : 2009
Category : Charitable uses, trusts, and foundations
ISBN : 1858005469

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Charity Law by Kerry O'Halloran Pdf

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.

Author : Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon
Publisher : Springer Science & Business Media
Page : 627 pages
File Size : 45,6 Mb
Release : 2008-06-27
Category : Law
ISBN : 9781402084140

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Charity Law & Social Policy by Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon Pdf

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.

Author : Kathryn Chan
Publisher : Bloomsbury Publishing
Page : 222 pages
File Size : 53,6 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781782258490

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The Public-Private Nature of Charity Law by Kathryn Chan Pdf

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

Author : Rachael Mulheron
Publisher : Routledge
Page : 519 pages
File Size : 52,6 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781135392642

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The Modern Cy-près Doctrine by Rachael Mulheron Pdf

It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Author : John Picton,Jennifer Sigafoos
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 52,6 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509926855

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Debates in Charity Law by John Picton,Jennifer Sigafoos Pdf

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.

Author : Kerry O'Halloran
Publisher : Cambridge University Press
Page : 553 pages
File Size : 48,9 Mb
Release : 2014-05-29
Category : Law
ISBN : 9781107020481

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Religion, Charity and Human Rights by Kerry O'Halloran Pdf

Focussing on the contemporary struggle to achieve a triangulated alignment between religious beliefs, human rights and charity law, this comparative analysis of law and practice in six common law nations identifies and assesses the issues currently challenging judiciary, regulators and religious charities.

Author : Rupert Sargent Holland
Publisher : Unknown
Page : 12 pages
File Size : 53,6 Mb
Release : 1904
Category : Charitable uses, trusts, and foundations
ISBN : OCLC:837694527

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The Modern Law of Charities as Derived from the Statute of Charitable Uses by Rupert Sargent Holland Pdf

Author : Daniel Halliday,Matthew Harding
Publisher : Taylor & Francis
Page : 229 pages
File Size : 50,5 Mb
Release : 2022-06-30
Category : Business & Economics
ISBN : 9781000598346

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Charity Law by Daniel Halliday,Matthew Harding Pdf

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.

Author : Rupert Sargent Holland
Publisher : Unknown
Page : 18 pages
File Size : 49,8 Mb
Release : 2009-07
Category : Literary Collections
ISBN : 1104784394

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The Modern Law of Charities as Derived from the Statute of Charitable Uses (1904) by Rupert Sargent Holland Pdf

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Author : CECILE. GILLARD,Kirsty Semple
Publisher : Icsa: The Governance Institute
Page : 128 pages
File Size : 45,6 Mb
Release : 2017-01-23
Category : Electronic
ISBN : 186072695X

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Charity Law and Governance by CECILE. GILLARD,Kirsty Semple Pdf

Author : Francis Gladstone
Publisher : Unknown
Page : 224 pages
File Size : 49,6 Mb
Release : 1982
Category : Law
ISBN : UOM:39015016165600

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Charity, Law, and Social Justice by Francis Gladstone Pdf

Author : Kathryn Chan
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 42,5 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781782258506

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The Public-Private Nature of Charity Law by Kathryn Chan Pdf

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

Author : Kerry O'Halloran
Publisher : Unknown
Page : 260 pages
File Size : 48,8 Mb
Release : 2014-02-28
Category : Electronic
ISBN : 331904320X

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The Church of England - Charity Law and Human Rights by Kerry O'Halloran Pdf

Author : Kerry O'Halloran
Publisher : Routledge
Page : 448 pages
File Size : 46,7 Mb
Release : 2007-01-24
Category : Law
ISBN : 9781134277667

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Charity Law and Social Inclusion by Kerry O'Halloran Pdf

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.