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Public Benefit In Charity Law
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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.
Book Synopsis The 'New' Public Benefit Requirement by : Mary Synge
Download or read book The 'New' Public Benefit Requirement written by Mary Synge and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.
Book Synopsis The Status of Religion and the Public Benefit in Charity Law by : Barry W. Bussey
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.
Book Synopsis Public Benefit in Charity Law by : Jonathan Garton
Download or read book Public Benefit in Charity Law written by Jonathan Garton and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Charity Law & Social Policy by : Kerry O'Halloran
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.
Book Synopsis The Public-Private Nature of Charity Law by : Kathryn Chan
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
Book Synopsis Charity, Law, and Social Justice by : Francis Gladstone
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:
Book Synopsis Public Benefit in Charity Law by : Jonathan Garton
Download or read book Public Benefit in Charity Law written by Jonathan Garton and published by . This book was released on 2013 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Benefit in Charity Law: Principles and Practices examines the legal principles and practical applications of the public benefit test in charity law in the UK, Australia, Canada, and New Zealand. In order to obtain charitable status, an organization must not only have exclusively charitable purpose but also demonstrate that it provides a benefit to the public. There is a considerable body of shared case law on public benefit in these jurisdictions and yet to datethere has been no comprehensive study of the topic. It is highly topical, given the recent statutory reforms to public benefit.
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.
Author :Great Britain. Parliament. House of Commons. Public Administration Select Committee Publisher :The Stationery Office ISBN 13 :9780215058782 Total Pages :238 pages Book Rating :4.0/5 (587 download)
Book Synopsis The Role of the Charity Commission and Public Benefit by : Great Britain. Parliament. House of Commons. Public Administration Select Committee
Download or read book The Role of the Charity Commission and Public Benefit written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and published by The Stationery Office. This book was released on 2013-06-06 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report into the implementation of the Charities Act 2006 finds the Charity Commission being asked to do too much, with too little. The charitable sector is at the heart of UK society, involving millions of people and £9.3 billion received in donations in 2011/2012. Around 25 new applications for charitable status are received by the Charity Commission every working day. Among the reports findings are: one of the keys tests set by the Charities Act 2006 for determining charitable status-the public benefit test-is critically flawed; the Government should revise the statutory objectives for the Charity Commission, to allow the Commission to focus its limited resources on regulating the sector; the proposal to increase the financial threshold for compulsory registration of a charity with the Charity Commission should be rejected; charities should publish their spending on campaigning and political activity. PASC criticises the way the Charity Commission has interpreted public benefit under the Act. The Committee also considered the impact of face-to-face fundraising, or "chugging"-on the street or on the doorstep-and warns that self-regulation has failed so far to generate the level of public confidence which is essential to maintain the reputation of the charitable sector. The evidence was clear that the regulation of fundraising remains a concern for many members of the public. Two in three people have reported feeling uncomfortable as a result of the fundraising methods used by some charities.
Book Synopsis Charity Law by : Juliet Chevalier-Watts
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.
Book Synopsis Modernising Charity Law by : Myles McGregor-Lowndes
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.
Book Synopsis Human Rights and Charity Law by : Kerry O'Halloran
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 330 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.
Book Synopsis Charity Law and Accumulation by : Ian Murray
Download or read book Charity Law and Accumulation written by Ian Murray and published by . This book was released on 2021-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Charity Law and the Liberal State by : Matthew Harding
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.
Book Synopsis Charity Law and Social Inclusion by : Kerry O'Halloran
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: Profiling national and international social inclusion agendas, Charity Law and Social Inclusion examines the fit between the charity law framework and the needs of the socially marginalized in some leading common law nations: the US, England and Wales, Ireland, Australia, New Zealand and Canada. It: examines the concepts of philanthropy, inclusion, alienation and justice considers the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social justice explains how weaknesses in charity law obstructs philanthropic intervention makes recommendations for changes to the legal framework governing philanthropy. O’Halloran argues that our common charity law heritage must be updated and co-ordinated to be capable of addressing social inclusion in the twenty-first century. This book is of interest to academics and students working and sudying in the areas of social policy, sociology and law, as well as professionals in community and voluntary work.
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.
