Charity Law & Social Policy: National and International by Kerry O'Halloran, Myles McGregor-Lowndes, Karla Simon

By Kerry O'Halloran, Myles McGregor-Lowndes, Karla Simon

Charity legislation & Social coverage explores modern legislation, coverage and perform in quite a number sleek universal legislations countries. It does so in 4 components and from the point of view of the way this has advanced within the united kingdom.

As progenitor of a procedure bequeathed to its colonies and after centuries of management in constructing the middle rules, guidelines and precedents that as a consequence formed its improvement, the contribution of britain & Wales, the originating jurisdiction, is first defined and analysed intimately. this is often completed within the seven chapters comprising elements 1 and a pair of. those widely comic strip the parameters and position of ‘charity’ – noticeable as a mixture of private and non-private pursuits - then tackle the law’s position in maintaining, policing, adjusting and aiding charity. this offers the severe dimensions for the comparative research of expertise within the universal legislations countries that constitutes the most a part of the book.

Part three, in five chapters, offers an research of the criminal features as they observe to kind of want and thereby provide influence to social coverage in Singapore, Australia, New Zealand, Canada and the USA of the USA. half four concludes with 3 chapters that appraise political impact as an element in aligning charity legislations with social coverage to create a facilitative atmosphere for applicable charitable task. consciousness is given to the vital function of the regulator, modern charity legislation frameworks and definitional boundaries.

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See for example, Springhill Housing Action Committee v. Commissioner of Valuation [1983] NI 184. 54 [1945] Ch 123. 55 [1950] Ch 226. 56 (1754) Amb. 595. 57 (1802) 7 Ves 423, 32 ER 171. 58 Gillam v. Taylor (1873) LR 16 Eq 581 (Wickens VC). 59 Spiller v. D. 158. 60 Re Buck [1896] 2 Ch 727. 61 While the courts have in the past paid particular attention to the rules governing such extensions, the modification of the ‘public’ aspect of the test in relation to this category of charitable trust is now well established62 and shows every sign of being relaxed further63 (see, further, Chap.

64 Gilmour v. Coates [1949] AC 426. Also, see Trustees of the Congregation of Poor Clares of the Immaculate Conception v. The Commissioner of Valuation [1971] NI 114 at 169, per Lowry L: 62 “an Order which has no other purpose other than to achieve its own sanctification by private prayer and contemplation is not an association with charitable objects”. 65 In Re Wedgewood [1915] 1 Ch 113 it was held that alleviating the suffering of animals is charitable because of the benefit to the public rather than the animals.

The fact that the recipient recognises and is comforted by the inherent virtue of the giver, who may well have given anonymously, and values and uses the gift as intended, does not necessarily mean that they thereby become any better equipped to cope. For the recipient, the psychological dynamics of the gift relationship can all too often serve to confirm their inadequacy and enduce long-term compliant dependency. It does, however, provide at least encouragement, short-term relief from pressing need and may possibly generate a momentum for further progress while also relieving the State of the cost of equivalent service provision.

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