Law and religion round-up – 1st October

And the party conference season grinds on – but in real life (and amongst the episcopi vagantes) …

“Living wills”

Sky News reported that, during the course of a hearing last week in the Court of Protection about the treatment of an elderly man who is in a minimally conscious state, Francis J said this:

“It should be compulsory that we all have to make living wills because these cases would be resolved much more easily. We all ought to be encouraged to tackle these issues. If there was some sort of campaign to educate people about these sort of things I think people would actually do something about it.” Continue reading

Law and religion round-up – 24th September

A very quiet week – except in Florence…

Brexit

From the Prime Minister’s speech in Florence on Friday:

“Where there is uncertainty around underlying EU law, I want the UK courts to be able to take into account the judgments of the European Court of Justice with a view to ensuring consistent interpretation. On this basis, I hope our teams can reach firm agreement quickly.” Continue reading

Law and religion round-up – 10th September

End of “silly season” brings news from around the UK, and a new motu proprio 

Hijabs in primary schools

There were various reports (eg in The Sunday Times and the Evening Standard) that “Children as young as three are being allowed to wear the hijab in British nurseries and primary schools.” The ST reported that its survey found that a fifth of 800 primary schools, including Church of England schools, list the hijab as part of their uniform. “Campaigners” objected, Continue reading

Law and religion round-up – 27th August

“The (Great) Clock hath ceased to sound, The long day closes”

Henry Fothergill Chorley & Arthur Sullivan, (1868)

… but midday on 21st August had nothing to do with Brexit – or ecclesiastical law for that matter – unless it provides a segue into a reprise of one of our posts on bells, the closure of the Whitechapel bell foundry, or recent events at York Minster; Sullivan’s part-song The Long Day Closes had a degree of popularity at events of mourning, and was often sung at funerals of members of the D’Oyly Carte Opera Company. However, Frank’s And finally, below, places Monday’s media and political nonsense into context.

Brexit and the UK courts

On Wednesday, the Government published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union: we noted it briefly here.  The pledge to bring an end to “the direct jurisdiction of the Court” led critics to argue that the inclusion of the word “direct” leaves room for the CJEU to continue to influence UK jurisprudence. Tobias Lock has posted a helpful preliminary analysis on Verfassungsblog. Continue reading

Soccer, Sectarianism and Scots criminal law

The Scottish Parliament’s Justice Committee is currently taking evidence on the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill: a Member’s bill introduced by James Kelly MSP on 21 June. The Bill, if enacted, would repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.

The Act is aimed at offensive sectarian behaviour at and in the context of professional association football matches. Continue reading

Australian Royal Commission recommends lifting seal of confessional

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse has published its final recommendations on Criminal Justice. One is of particular interest: the section entitled Failure to report offence recommends “the introduction of a new criminal offence of failure to report targeted at child sexual abuse in an institutional context (recommendation 33)”. In particular, it proposes that clergy should no longer be permitted to refuse to disclose offending on the grounds that they came by the information in the course of a confession:

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Law and religion round-up – 13th August

Blasphemy in Ireland, flying spaghetti in Germany, silly hats in Canada – just a typical week…

Ireland’s blasphemy laws “least restrictive in the world”? Possibly, but…

The Report of the US Commission on International Religious Freedom 2017 noted that

“many countries in Western Europe, including Austria, Denmark, France, Germany, Ireland, and Italy, retain legislation on blasphemy, defamation of religion, or ‘anti-religious remarks’, though these laws are seldom enforced. In one promising development, Ireland’s coalition government announced in May 2016 its intention to hold a referendum on the removal of its blasphemy law” [212].

Continue reading