Law and religion round-up – 31st December

and so, as the reality of the Article 50 of time confronts the fantasy of “excruciating detail”, we round off another year of L&RUK with a miscellany of recent news…

What the rule of law is really about

On 22 December, the First President of the Supreme Court of the Republic of Poland, Professor Dr Małgorzata Gersdorf, published an open letter on the recent reforms of the judiciary. President Andrzej Duda has signed into law two bills reforming the Supreme Court and the National Council of the Judiciary: one allows politicians to choose members of the judiciary council, which appoints judges and the other, by lowering the retirement age for Supreme Court judges, would remove about 40 per cent of the current Court.

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Clergy employment – an unusual case: Gould

Another one I missed…

The Times reported (£) on 27 December that “A lawyer-turned-vicar is suing his church for discrimination after he was dismissed when his marriage ended.” The report relates to the dismissal of the Revd Jonathan Gould as minister of St John’s Downshire Hill, in Hampstead, and the subsequent proceedings before Employment Judge Lewzey and, in October, before Simler J in the Employment Appeal Tribunal: see Rev J Gould v Trustees of St John’s Downshire Hill [2017] UKEAT 0115/17/0510.

Background

St John’s Church, Downshire Hill, is one of the few surviving Church of England proprietary chapels. It is recognised as a church within the Diocese of London but has complete independence in financial matters. Continue reading

Law and religion round-up – 24th December

And before you settle down to turkey, mince pies, crackers and possibly Mrs Brown’s Strictly Come Bake-off Yuletide Special, a bit of law… 

Undue spiritual influence again

Lutfur Rahman, a non-practising solicitor who had formerly been a partner at McCormacks Law, is the former Mayor of Tower Hamlets who In 2015 was found guilty by an election court of illegal and corrupt practices and barred from holding office for five years. We reported the case here because one of the issues in Erlam & Ors v Rahman & Anor [2015] EWHC (QB) 1215 was “undue spiritual influence”. Continue reading

Law and religion round-up – 17th December

“There is a proper role for referendums in constitutional change, but only if done properly. If it is not done properly, it can be a dangerous tool”

David Davis, Hansard  2002

That vote on Amendment 7

Returning briefly to Brexit since our last foray in August, Wednesday’s vote is notable in that it is the Government’s first defeat on the European Union (Withdrawal) Bill. The impact of the amendment is that clause 9(1) now reads Continue reading