Charities Law Advancement of Religion

Created by: Emilio Graham
Created on: 11-05-13 08:54

What does s3(2)(a) of the 2011 Charities Act define 'religion' as?

i) a religion which involves belief in more than one god ii) a religion which does not involve belief in a god

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What principle did Bowman v Secular Society [1917] establish?

Religion does not include ethical principles/rationalism. Therefore atheism and agnosticism would not qualify as religious for the purposes of charitable trusts.

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What did Dillon J define religion as in Re South Place Ethical Society [1980]?

He defined religion as man's relationship with God. Again in this case rationalism was rejected as a religious purpose. The category is 'advancement' of religion where as agnosticism and atheism appear to be opposed to that!

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Gilmour v Coats (1949) was a surprising decision from the House of Lords at the time, why?

The courts held that praying in private by Carmelite nuns did not satisfy the public benefit test. During the 1940's the country was still largely religious so for the Lords especially to weigh in on theological debate was surprising!

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What was the principle in Re Watson (1973)?

Religion can also cover small groups with small followings

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In Re Hetherington [1990] the court upheld a charitable trust for the purpose of saying masses?

True, trust upheld because the masses would be said in public. In addition it is only necessary to show intention to benefit the public. The courts however avoided giving a direct theological stance.

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Other cards in this set

Card 2

Front

What principle did Bowman v Secular Society [1917] establish?

Back

Religion does not include ethical principles/rationalism. Therefore atheism and agnosticism would not qualify as religious for the purposes of charitable trusts.

Card 3

Front

What did Dillon J define religion as in Re South Place Ethical Society [1980]?

Back

Card 4

Front

Gilmour v Coats (1949) was a surprising decision from the House of Lords at the time, why?

Back

Card 5

Front

What was the principle in Re Watson (1973)?

Back

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Charities Law Advancement of Religion