Journal• ISSN: 0956-618X
Ecclesiastical Law Journal
Cambridge University Press
About: Ecclesiastical Law Journal is an academic journal published by Cambridge University Press. The journal publishes majorly in the area(s): Canon law & Human rights. It has an ISSN identifier of 0956-618X. Over the lifetime, 697 publications have been published receiving 1727 citations.
Topics: Canon law, Human rights, Synod, Common law, Politics
Journal Tools
Papers published on a yearly basis
Papers
TL;DR: In this paper, the authors consider some of the more high profile cases decided under the Employment Equality (Religion or Belief) Regulations 2003, to assess whether courts are developing case law which adequately protects religion and belief at work.
Abstract: This article considers some of the more high profile cases decided under the Employment Equality (Religion or Belief) Regulations 2003, to assess whether courts are developing case law which adequately protects religion and belief at work. First, it considers the meaning of religion with particular reference to Nicholson v Grainger PLC and suggests that this may represent a step in the wrong direction in defining ‘belief’. It then looks at cases which have involved religious individuals seeking to manifest religion at work in terms of religious dress. It critically examines the way the concept of proportionality has been used to decide these cases, and suggests that at times courts are stepping beyond their usual boundaries in determining religious issues, with particular reference to comments by the courts on issues such whether particular beliefs are ‘core beliefs’. The third area of discussion is the question of whether discrimination by religious individuals on grounds of sexual orientation should be tolerated. The case law (Ladele v Islington Borough Council) is considered in detail. In conclusion, the article assesses whether a hierarchy is developing between different grounds of discrimination protection.
38 citations
TL;DR: In 2011, the Grand Chamber of the European Court of Human Rights reversed the decision of the Court's Second Section in Lautsi v Italy as discussed by the authors, which clearly demonstrates how controversial the use of religious symbols in the public environment has become.
Abstract: In March 2011, the Grand Chamber of the European Court of Human Rights reversed the decision of the Court's Second Section in Lautsi v Italy The case clearly demonstrates how controversial the use of religious symbols in the public environment has become This article sets out the complicated framework of the case, assesses the judgment and concludes that the Grand Chamber's decision is unfortunate and, in many respects, objectionable It will be shown that this decision has implications regarding the malleable nature of the doctrines of the margin of appreciation and consensus, as well as the development of Strasbourg's application of double standards in its case law regarding the public display of religious symbols
33 citations
TL;DR: In this paper, the distinction between canon law and ecclesiastical law is discussed, and it is submitted that both views can be correct, but they are correct only while certain conditions prevail.
Abstract: A distinction which has been much discussed by those concerned with the laws governing churches, especially perhaps the Church of England and to a lesser extent the Church in Wales, is that between canon law and ecclesiastical law. At times, the terms appear to be used synonymously, whilst at others, there is a clear distinction. It is submitted that both views can be correct. However, they are correct only while certain conditions prevail.
32 citations
TL;DR: The ius commune project as mentioned in this paper is a project to express the juridical character of Anglicanism from a global perspective, not only to underscore the many fundamental values that Anglicans share in terms of their polity, ministry, doctrine, liturgy, rites and property, going to the very roots of Anglican identity but, also, as a concrete resource for other churches in ecumenical dialogue with Anglicans.
Abstract: An important recent development in worldwide Anglicanism is the emergence over recent years of a project to articulate the principles of canon law common to the churches of the Anglican Communion. This project seeks to express the juridical character of Anglicanism from a global perspective, not only to underscore the many fundamental values that Anglicans share in terms of their polity, ministry, doctrine, liturgy, rites and property, going to the very roots of Anglican identity but, also, as a concrete resource for other churches in ecumenical dialogue with Anglicans. This article traces the development of the so-called ius commune project, describes the methodological challenges which it faces and, the process of producing a draft. It also seeks to compare the project with the juridical experiences of other international ecclesial communities and, briefly, to place the project in the context of the debate about the adoption of an Anglican Covenant, an initiative proposed by the Lambeth Commission in 2004.
29 citations
29 citations
Performance Metrics
| Year | Papers |
|---|---|
| 2025 | 87 |
| 2024 | 80 |
| 2023 | 89 |
| 2022 | 88 |
| 2021 | 17 |
| 2020 | 17 |