Law and religion round-up – 16th July

A quiet week, apart from…

… not the Great Repeal Bill

On Thursday, the Government published the European Union (Withdrawal) Bill. We noted it here and the Parliament page on the Bill is here.

In Public Law for Everyone, Professor Mark Elliott’s post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises, here. As a taster (for both Brexiteers and Remainers), he concludes: Continue reading

Church registration in Hungary: Magyarországi Evangéliumi Testvérközösség

The ECtHR has handed down judgment on the issue of just satisfaction for Hungary’s violation of the Convention rights of Magyarországi Evangéliumi Testvérközösség [The Hungarian Evangelical Brotherhood].

Background

The Evangelical Brotherhood has been active since 1981. Prior to the adoption of the new Church Act that came into force in January 2012, religious communities had been registered as Churches and received state funding. Under the new law, aimed at problems relating to the exploitation of state funds by certain Churches, only a number of recognised Churches continued to receive funding: all other religious communities – the Evangelical Brotherhood included – lost both their status as Churches and the corresponding benefits. They were, however, free to continue their religious activities as associations. Continue reading

Law and religion round-up – 9th April

“Egg-bound” thinking by Church and State this week…

… but un oeuf is un oeuf, and so no more egg-related puns. However, we certainly didn’t expect the CofE Easter story statement to be about the “Trinity of Chocolate” (Cadbury, Rowntree and Fry). It was left to Dr Michael Sadgrove, Dean Emeritus of Durham, to inject a degree of sanity into the Church’s position in his comments to the Church Times.

Gratefully accepting a gift-horse of a metaphor, the BHA described it as a storm in an eggcup; it was a gift to the cartoonists and bloggers, while Quakers might shed a silent tear for three businesses founded by Friends. Meanwhile, the willingness of Theresa May to wade into this media-generated nonsense emphasized her lack of action on weightier matters. David Tollerton, of Exeter University, suggests that the whole affair is redolent of “dog-whistle politics”: an undercooked mess that feeds English nationalism, while Esther McConnell, a direct descendant of John Cadbury, pointed out in a tweet that, as a Quaker, he didn’t celebrate Easter anyway.

A busy week in the courts Continue reading

The ECtHR and church tax: Klein v Germany

Background

Under German law, the Roman Catholic Church (with about 23.7 million members) and the Evangelische Kirche in Deutschland (EKD, with about 22.2 million members) have the status of public-law entities and are entitled to levy a church tax and/or fee – Kirchensteuer – on their members. (There are similar arrangements in Austria, Denmark, Finland, Iceland and some cantons of Switzerland.) The status of Churches and religious societies is governed mainly by Articles 137 to 141 (the “Church Articles” – Kirchenartikel) of the Weimar Constitution of 11 August 1919 as incorporated into the Basic Law by Article 140.

Historically, the church tax has been 8 or 9 percent of income tax liability and the only way to avoid it is formally to leave your Church: Kirchenaustritt.  Continue reading

Law and religion round-up – 12th March

Social media (mis)use in the news, hate-speech – and another round in the saga of The Donald’s Executive Order…

News from Trumpton

Obiter J reports that legal action has been commenced against President Trump’s new Executive Order of 7 March on the entry of certain aliens from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The new Order will replace EO 13769 on 16 March. The case is State of Hawai’i and Ismail Elshikh v Donald J Trump & Ors: Mr Elshikh is Imam of the Muslim Association of Hawai’i. It will be heard in the US District Court for the District of Hawai’i: the State’s Second Amended Complaint, seeking an Order invalidating portions of the Executive Order, is available here.

The Wall Street Journal subsequently reported that the Attorneys General of the States of Washington and New York had announced that they, too, will challenge it. Washington Attorney General Bob Ferguson is to ask US District Judge Robart to apply his temporary restraining order to the new Order. According to a subsequent report, Oregon and Minnesota will also join the suit when an amended complaint is filed.

Brexit Bill returns to Commons Continue reading

Law and religion round-up – 5th March

Brexit rumbles on, but perhaps the most important event of the week was the outcome of the Northern Ireland Assembly Election – on which we would not presume to comment…

Son (or more accurately daughter) of Miller?

Gina Miller, who mounted the successful challenge in the Supreme Court to the Prime Minister’s proposal to trigger Article 50 TEU by using the Royal Prerogative, has said that she is looking at launching a new challenge if Parliament is not given a vote on the final terms of Brexit. Speaking to Bloomberg, Ms Miller explained: Continue reading

Law and religion round-up – 12th February

Short form judgments, bats, child abduction and polygamy… 

Short form judgments

The Master of the Rolls has asked his colleagues in the Court of Appeal to issue shorter judgments where there are no issues of law or principle or of wider general significance and where all the relevant facts are set out in the judgment of the court below and are not disputed in the appeal. A Judicial Office spokesman said that in such cases:

“it may be possible to avoid reciting all the facts, the course of the proceedings and the judgments below, and proceed, after a brief introduction, to a statement of the decision on the principal arguments on the appeal and the outcome of the appeal.” Continue reading