Out with the old, in with the new: religion, charitable status and the Charities Act 2006

Legal Studies ◽  
2009 ◽  
Vol 29 (4) ◽  
pp. 619-650 ◽  
Author(s):  
Andrew Iwobi
Keyword(s):  
Human Rights ◽  
Recent History ◽  
Legal Regime ◽  
The Public ◽  
The Third ◽  
History Of ◽  
The Law ◽  
The Impact ◽  
New Religion ◽  
Insight Into

The enactment of the Charities Act 2006 is widely viewed as one of the most momentous events in the recent history of English charity law, and the impact of the Act on the pre-existing law is still being debated. This paper inquires into the operation of the Act within the religious sphere. It seeks to explore the basis upon which charitable recognition was accorded within this sphere before the Act and to assess how far the law that was previously in force has been preserved, modified or rendered inoperative by the provisions of the Act. Three fundamental dimensions of the legal regime governing religious charities are especially relevant to this inquiry. The first dimension encompasses the elusive quest for the meaning of religion in the charitable sense. The second focuses on the long-standing requirement that religious purposes must be beneficial to the public in order to be charitable. The third is concerned with the human rights implications of conferring or withholding charitable status within the religious domain. Each dimension is examined in turn with a view to providing an insight into the complexities and difficulties inherent in the pre-existing law and the extent to which these have been addressed by the reforms contemplated by the Act.

22. Privacy and confidentiality

2019 ◽  
pp. 384-405
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Data Protection ◽  
Business Practice ◽  
The Public ◽  
Human Rights Act ◽  
The Law ◽  
Privacy And Confidentiality ◽  
The Impact

This chapter discusses the law on privacy and confidentiality in the workplace. It looks at the four statutes which relate directly to issues of workplace confidentiality: the GDPR/Data Protection Act 2018, the Public Interest Disclosure Act 1998 (which deals with whistleblowing), the Regulation of Investigatory Powers Act 2000, and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. It also considers two other areas of law which are influences in this area: the law on job references and the law on restricting the activities of former employees. Also discussed is the impact of the Human Rights Act in this area.

scholarly journals Institutional Design, Prosecutorial Independence, and Accountability: Lessons from the International Commission against Impunity in Guatemala (CICIG)

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 58
Author(s):  
Verónica Michel
Keyword(s):  
Human Rights ◽  
Institutional Design ◽  
International Commission ◽  
Human Rights Violations ◽  
Short Article ◽  
The Public ◽  
The Third ◽  
Key Characteristics ◽  
State Agents ◽  
The Impact

In 2007 the International Commission against Impunity in Guatemala began working to support the work of the Public Prosecutor’s Office to investigate and prosecute cases of corruption. In this short article, I address three questions: What was the design of CICIG? What were its results? How did the institutional design contribute to the impact it had in Guatemala? To answer these questions, I first discuss the problem of impunity and provide an interdisciplinary review of the factors that impact when a state punishes crime. In the following section, I briefly explain the institutionalist framework that guides my analysis of the work of CICIG and explain the theoretical importance of institutional design in the functioning of prosecutorial organs. In the third section I describe the institutional design of CICIG, its impact, and its limitations. In this section I explain how key characteristics in its design made this international commission a creative solution against impunity in a context where prosecuting state agents for human rights violations or corruption was virtually impossible. I conclude this article highlighting some key lessons from CICIG on matters of institutional design.

Marketing Responsible Drinking Effectively to Young Adults

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Colby Doyle ◽  
Matthew Gaudet ◽  
Dominic Lay ◽  
Amber McLeod ◽  
Robert Schaeffer
Keyword(s):  
Quantitative Research ◽  
Drinking Patterns ◽  
Major Question ◽  
The Public ◽  
The Third ◽  
Current Consumption ◽  
Sample Data ◽  
Vague Quantifiers ◽  
Insight Into ◽  
Alberta Health

The primary goal of this research is to identify and examine the components of responsible drinking advertisements. We will examine industry and government related advertisements as we try to understand one of our major questions: does the source influence the validity of the message? The next group of major questions that we will be looking to answer is how are the vague quantifiers used in responsible drinking campaigns interpreted by the public?  How many drinks do people consider “too much?” What does “drink responsibly” really mean? The third major question is whether or not an individual’s current consumption patterns of alcohol have any effect on how individuals assess responsible drinking campaigns. Our qualitative research has indicated that social influences can be strongly related with drinking patterns; this will be further examined in our quantitative research. Also, we will be looking into some of the psychology behind industry and government sponsored advertisements as well as gathering and interpreting information from a sample of our target demographic. Our target demographic consists of both male and females between the ages 18-24. Our literature review and qualitative analysis gave us good insight into some of the potential answers to our questions. We will use these potential answers from our previous research to guide us as we attempt to conduct conclusive research based on a sample data of 169 individuals. Our findings will aid us in developing conclusions and recommendations for Alberta Health Services.

New Wars and Their Visual Representation: Dead Bodies without Graves/Mourne

2020 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Tuncay Şur ◽  
Betül Yarar
Keyword(s):  
Social Media ◽  
Visual Representation ◽  
Human Beings ◽  
The Public ◽  
Photographic Images ◽  
War Photography ◽  
New Wars ◽  
The Social ◽  
History Of ◽  
The Impact

This paper seeks to understand why there has been an increase in photographic images exposing military violence or displaying bodies killed by military forces and how they can freely circulate in the public without being censored or kept hidden. In other words, it aims to analyze this particular issue as a symptom of the emergence of new wars and a new regime of their visual representation. Within this framework, it attempts to relate two kinds of literature that are namely the history of war and war photography with the bridge of theoretical discussions on the real, its photographic representation, power, and violence.  Rather than systematic empirical analysis, the paper is based on a theoretical attempt which is reflected on some socio-political observations in the Middle East where there has been ongoing wars or new wars. The core discussion of the paper is supported by a brief analysis of some illustrative photographic images that are served through the social media under the circumstances of war for instance in Turkey between Turkish military troops and the Kurdish militants. The paper concludes that in line with the process of dissolution/transformation of the old nation-state formations and globalization, the mechanism and mode of power have also transformed to the extent that it resulted in the emergence of new wars. This is one dynamic that we need to recognize in relation to the above-mentioned question, the other is the impact of social media in not only delivering but also receiving war photographies. Today these changes have led the emergence of new machinery of power in which the old modern visual/photographic techniques of representing wars without human beings, torture, and violence through censorship began to be employed alongside medieval power techniques of a visual exhibition of tortures and violence.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

Disciplinary Uniformity in Uniform—A Success of the Human Rights Act 1998?

2008 ◽  
Vol 72 (2) ◽  
pp. 170-177 ◽  
Author(s):  
Chris Gale
Keyword(s):  
Human Rights ◽  
Armed Forces ◽  
World War ◽  
The Public ◽  
The First World War ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Military Discipline ◽  
First World

Apart from an awareness of shameful treatment to some shell-shocked soldiers on active duty in the First World War, the subjects of military discipline in general and courts-martial in particular are unlikely to permeate the consciousness of the public at large or, indeed, the vast majority of criminal lawyers. This article explores some of the history of both, the current position in relation to courts-martial and the planned reforms under the Armed Forces Act 2006. That the Human Rights Act 1998 exposed some of the anomalities and worst practices of courts-martial is undeniable. It seems equally likely that the 1998 Act was at least a catalyst for the wholesale review and modernisation of military discipline carried out by the 2006 Act.

The impact of hypopituitarism on function and performance in subjects with recent history of traumatic brain injury and aneurysmal subarachnoid haemorrhage

Brain Injury ◽  
2009 ◽  
Vol 23 (7-8) ◽  
pp. 639-648 ◽  
Author(s):  
Lakshmi Srinivasan ◽  
Brian Roberts ◽  
Tamara Bushnik ◽  
Jeffrey Englander ◽  
David A. Spain ◽  
...  
Keyword(s):  
Traumatic Brain Injury ◽  
Brain Injury ◽  
Subarachnoid Haemorrhage ◽  
Recent History ◽  
Aneurysmal Subarachnoid Haemorrhage ◽  
History Of ◽  
And Performance ◽  
The Impact

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

The Landscape of War and the Transformations of the Public Sphere

2019 ◽  
Vol 44 (2) ◽  
pp. 62-67
Author(s):  
Dijana Alic
Keyword(s):  
The European Union ◽  
Independent State ◽  
The Public ◽  
Time Space ◽  
History Of ◽  
The Public Sphere ◽  
Modern Warfare ◽  
The Impact ◽  
The City ◽  
Edward Soja

On 6 april 1992, the european union (eu) recognised bosnia and hercegovina as a new independent state, no longer a part of the socialist federal republic of Yugoslavia. The event marked the start of the siege of sarajevo, which lasted nearly four years, until late february 1996. It became the longest siege in the history of modern warfare, outlasting the leningrad enclosure by a year. During its 1425 days, more than 11,500 people were killed. The attacks left a trail of destruction across the city, which began to transform it in ways not experienced before. This paper explores how the physical transformation of sarajevo affected the ways in which meaning and significance were assigned to its built fabric. I argue that the changes imposed by war and the daily destruction of the city challenged long-established relationships between the built fabric and those who inhabited the city, introducing new modes of thinking and interpreting the city. Loosely placing the discussion within the framework of ‘Thirdspace', established by urban theorist and cultural geographer edward soja, i discuss the relationship that emerged between the historicality, sociality and spatiality of war-torn sarajevo. Whether responding to the impacts of physical destruction or dramatic social change, the nexus of time, space and being shows that the concept of spatiality is essential to comprehending the world and to adjusting to and resisting the impact of extraordinary circumstances. Recognising the continuation of daily life as essential to survival sheds light on processes of renewal and change in a war-affected landscape. These shattered urban spaces also show the ways in which people make a sense of place in relation to specific socio-historical environments and political contexts.

scholarly journals TAX LICENCE OF A LEGAL ENTITY – PROS AND CONS

2019 ◽  
Vol 7 ◽  
Author(s):  
Angelika Kútna ◽  
Imrich Antalík ◽  
Norbert Gyurián ◽  
Zoltán Šeben
Keyword(s):  
Agricultural Sector ◽  
Slovak Republic ◽  
Corporate Tax ◽  
Legal Entity ◽  
Main Research ◽  
The Public ◽  
Political Interests ◽  
Pros And Cons ◽  
The Law ◽  
The Impact

In 2013, the Slovak Parliament adopted the Law on Amendments to the Law on Income Tax. One of the most significant changes was the introduction of the Tax License of a Legal Entity. On January 1st, 2018, a minimum corporate tax (the so-called tax license), which was introduced in 2014, was abolished. The main aim of this paper is the evaluation and quantification of the impact which the minimum corporate tax has on the amount of tax liability of a selected group of legal entities in the agricultural sector. The research had tried to find an answer if the tax license abolishment was more in the political interests or if it had some economic background. The main research questions are how has the corporate tax duty increased in the agricultural sector in the Slovak Republic after introducing the minimum corporate tax and how has the tax burden for agricultural holdings increased after introducing the tax license. The analysis presented in this paper confirms that the instrument of introducing the minimum tax is for loss-making sectors, such as the agricultural sector, undoubtedly unfair. On the other hand, the study has confirmed that the public which regularly pays the taxes, agrees with its introduction.

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