Centre for Law and Religion Cardiff University. Annual Report

Transcription

1 Centre for Law and Religion Cardiff University Annual Report

2 Centre for Law and Religion Cardiff University 2010 Part I Funding for Ground-Breaking Study of Religious Courts Researchers from the Centre, together with colleagues at Cardiff Law School and the Centre for the Study of Islam in the UK at Cardiff University, are to carry out a study of religious courts and tribunals across the UK. The research has been funded by the AHRC/ESRC Religion and Society Programme with an award of 79,862. The research project addresses concerns which were raised in the aftermath of the Archbishop of Canterbury s lecture on Religious and Civil Law in 2008, which provoked an animated debate concerning the extent to which English law should accommodate religious legal systems, such as Sharia law. The project, Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts, explores how religious law already functions alongside civil law in the area of marriage and divorce. It examines the workings of three religious courts in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim sharia court ). The project asks What is the legal status of these courts? and How do they operate in relation to marriage, divorce and remarriage? The research team are (from left to right): Professor Gillian Douglas, an expert on family law and Head of School at Cardiff Law School; Dr Sophie Gilliat-Ray (the Director of the Centre for the Study of Islam in the UK); Professor Norman Doe (the Director of the Centre for Law and Religion); and Russell Sandberg (a lecturer in law at Cardiff). A Research Associate is to be appointed in Spring

3 Funding for Ground-Breaking Study of Religious Courts (continued) The research will involve scrutiny of a sample of files concerning the cases dealt with by the courts and a series of interviews with court personnel. The project is ground-breaking in that although there have been some empirical investigations into the courts or tribunals used by particular religious traditions, no work to date has sought to compare the work of courts or tribunals of different religions and how they relate to the law of the State. The project aims to contribute to a greater understanding of whether religious legal systems pose a threat to social stability and cohesion and also to serve as a catalyst for further interdisciplinary research. The project begins in April 2010 and runs for one year. It will include a Symposium at Cardiff in March Fellow Attends Ministry of Justice Consultation The Ministry of Justice is conducting a series of group consultations on the implications of the Green Paper published in March 2009: 'Rights and Responsibilities: developing our constitutional framework'. Frank Cranmer attended the Ministry s consultation meeting in Newcastle with representatives of the Christian churches, at which there was broad agreement among those present that any legislation to couple together rights and responsibilities would have to be largely declaratory and aspirational in nature rather than justiciable. The participants were broadly of opinion that such a development would help to underpin the concept of good citizenship ; but agreed with the authors of the Green Paper that there should be no diminution of existing rights under the ECHR. Norman Doe Elected as European Consortium President Professor Norman Doe, the Centre s Director, has been elected President of the European Consortium for Church and State Research. The appointment was made by the General Assembly of the Consortium at a meeting on 14th November 2009 in Madrid. Professor Doe will take up his term of office on 1st January He is the first Welshman to take up the position. The European Consortium for Church and State Research was founded on December 12th 1989 and is composed of a number of professors who share a common interest in the relations between States and religious denominations in Europe from a historical, political and, particularly, juridical point of view. The Consortium promotes studies of these relations, organises meetings, and facilitates contacts between scholars from the various European Countries. 3

4 January Edition of the Ecclesiastical Law Journal The January 2010 edition of the Ecclesiastical Law Journal has now been published. Edited by Honorary Professor Mark Hill QC, it includes an article by Research Associate Eithne D Auria entitled Alienation of Temporal Goods in Roman Catholic Canon Law: A Potential for Conflict. The edition also includes Frank Cranmer s Parliamentary Report, a report on the latest Colloquium of Anglican and Roman Catholic Canon Lawyers by Andrew Cole and a review of publications by the Colloquium. New Publication: Schools and the Law: a Patron s Introspection Research Associate Paul Colton s article Schools and the Law: a Patron s Introspection has been published in a special edition of Irish Educational Studies, which has been guest edited by Dr Ursula Kilkelly. The special issue deals with 'Education and the Law: Modern Challenges'. Paul s article is: Schools and the Law: a Patron s Introspection (2009) 28(3) Irish Educational Studies What the JFS Ruling Meant Honorary Professor Mark Hill QC has published an article on The Guardian website asking what the recent Supreme Court defeat for the Chief Rabbi means for faith schools: ommentisfree/belief/2009/dec/21/ju daism-jfs-faith-schools-discrimination New Associate: John Duddington Centre Asssociates Stephen White and John Duddington at the 2009 LARSN Conference John Duddington, the editor of Law and Justice, has joined the Centre for Law and Religion as an Associate. John was, until his recent retirement, Head of the Law School at Worcester College of Technology where he still teaches part time. He is also a Fellow of Staffordshire University with which the Law School at Worcester enjoys close links. John has published widely in the areas of property and employment law and it is this interest in employment law which has led him to investigate the civil law status of ministers of religion with an especial focus on employee rights. John delivers an annual paper on this topic to the LLM in Canon Law course at Cardiff University. Professor Norman Doe, Director of the Centre, said We are delighted to welcome John as an Associate. In addition to his long-standing contribution to the LLM in Canon Law, the Centre enjoys a close relationship with Law and Justice which John has fostered as editor. That relationship is growing through the Law and Religion Scholars Network (LARSN). Law and Justice is home to the LARSN Publication List, which is the only record of what has been published in this field. The Law and Justice Case Note writing team are also responsible for the LARSN Case Database an invaluable collection of every law and religion related case of note! I look forward to seeing the relationship between the journal and the Centre blossoming further now that John is an Associate. 4

5 Centre for Law and Religion Cardiff University 2010 Part II Interfaith Legal Advisers Discuss Discrimination Law The fourth meeting of the Centre s Interfaith Legal Advisers Network (ILAN) was held on 1 st March 2010 at Lambeth Palace. The group, comprising of representatives of a number of different religious groups and a representative of the Equality and Human Rights Commission, examined recent and forthcoming developments in discrimination law sharing matters of common concern relating to religion in school and the workplace. The first session explored religion and belief discrimination in the workplace. Chaired by Professor Norman Doe, the session included a paper from Russell Sandberg looking at the Court of Appeal decision in Ladele He contended that the reasoning and tenor of the Court of Appeal s decision was of concern, portraying religious freedom so narrowly that it could easily be trumped by other rights. A discussion followed as to the extent to which religious discrimination occurs and which faith practices are affected. 5

6 Interfaith Legal Advisers Discuss Discrimination Law (continued) After lunch, Russell Sandberg chaired the second session which looked at exceptions afforded to religious groups. Norman Doe presented a paper on the current law and the changes included in the Equality Bill. Given that most of the contentious provisions in the Equality Bill had now been outvoted, the current exceptions gained much support from group members. There was a discussion, however, as to whether the law should deal with such matters as rights rather than exceptions, since the practice of giving exceptions was seen as automatically put faith communities on the back foot. Norman Doe chaired the third session which focussed on discrimination in schools. Frank Cranmer gave a paper on the recent Supreme Court decision in the JFS case. The merits of the judgment were discussed together with the effect that the ruling would have on other faith communities. Group members concluded that since Judaism and Sikhism alone are regarded to be both races and religions as a matter of law, then the decision would affect their faith schools the most. However, it was not clear how other religious groups would be affected. The day ended with a planning meeting, chaired by Russell Sandberg. Thanks were expressed to Canon Guy Wilkinson and the staff at Lambeth Palace for hosting the event. The Network is also grateful to Sharron Alldred for the detailed organization of the meeting and to the Graduate Associates of the Centre for Law and Religion and the Network. The event was funded by the subscriptions paid by the Graduate Associates. It was noted that group members will be invited to the Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts Symposium which is being held in Cardiff in March Because of this, the next meeting of the Network will take place in December Attention was also drawn to the ILAN webpages which includes weblinks to the laws and regulations of religious groups. It was also noted that the Law and Religion Scholars Network webpages will also be of interest to ILAN members, particularly the Case Database which provides details of judgments delivered by domestic courts, the European Court of Justice and the European Court of Human Rights concerning law and religion. The full text of papers from the meeting can be found on the Centre s website. 6

7 The Concept of the National Church Professor Norman Doe delivered a paper, "The concept of 'national church' in the United Kingdom: change and continuity, ", at the conference "Notion d'eglise Nationale", VIII colloque de synthese doctrinale, held at the Institut Catholique de Paris 15 and 16 January The conference was organised by Droit et Societes Religieuses, Faculte J. Monnet Universite Paris-Sud XI and Faculte de Droit Canonique, Institut Catholic de Paris. The itinerant series of conferences has been running since 2000, with events at Paris, Cardiff, Cluj, Thessaloniki, Beirut, Hoor-Lund and Moscow. Norman Doe has been a member of its scientific committee since Mark Hill Addresses Association of Muslim Lawyers Honorary Professor Mark Hill QC addressed an Association of Muslim Lawyers (UK) seminar on 25th February Mark presented a paper on Should the law protect culture/religion? at the seminar which was entitled Across Culture/Religion: Belief In The Law. Professor Mark Hill QC has also published a new article with Spencer Keen in the New Law Journal. The article examines the recent cases of Nicholson v Grainger UKEAT/219/09, Power v Greater Manchester Police UKEAT/0434/09, Ladele v London Borough of Islington [2009] EWCA Civ 1357, and R (on the application of E) v Governing Body of JFS [2009] UKSC 15. 7

8 Centre for Law and Religion Cardiff University 2010 Part III A Busy Few Months The Centre for Law and Religion at Cardiff University has witnessed a busy couple of months which have included the latest meeting of the Colloquium of Anglican and Roman Catholic Canon Lawyers (pictured above), the 2010 Law and Religion Scholars Network conference, a two day workshop in Rome, numerous new publications, a lecture in Rome by Professor Norman Doe on the Apostolic Constitution, and a new appointment for Professor Mark Hill QC. This special edition of the Newsletter provides details of some of these developments. Further information can, of course, be found on the website: 8

9 Canon Law in the Service of the Church: Prejudices and Possibilities LARSN Conference A Huge Success Professors Norman Doe and Mark Hill QC of the Centre for Law and Religion at Cardiff University have led a two day event at the Anglican Centre in Rome in May The event consisted of four sessions, each with a presentation and workshop, will enable participants to deepen their knowledge of the role of Canon Law: - The Principles of Canon Law common to churches of the Anglican Communion, as formulated by the Anglican Communion Legal Advisors Network of the Anglican Consultative Council and launched at the 2008 Lambeth Conference. - Practical ways in which Canon Law can facilitate Anglican-Roman Catholic dialogue and collaboration, following a presentation on the work of the Colloquium of Anglican and Roman Catholic Canon Lawyers and their 2009 report. - The proposed Anglican Covenant: background, development and synodical adoption in the provinces. Comparisons will be made with the instruments used by other global ecclesial communities to handle issues of communion and autonomy. - The interface of Canon Law and Civil Law in North America and Europe, exploring different models of church-state relations, with a particular focus on religious freedom. The 2010 Law and Religion Scholars Network (LARSN) Conference has been held at the Centre for Law and Religion at Cardiff Law School on 11 th May. The Conference was attended by over fifty delegates and over twenty academic papers were presented. These covered topics as diverse as religious symbols in schools, the employment status of ministers of religion, the Anglican Ordinariate, the new Public Sector Equality Duty and Religious Order charities. The day concluded with a meeting, chaired by Russell Sandberg, which assessed the progress of LARSN to date and planned for the future of the Network. Successes in the last year include an increase in membership and the development of the Case Database featuring judgments delivered by domestic courts, the European Court of Justice and the European Court of Human Rights concerning law and religion. Plans for the next year include the second LARSN doctoral students conference which will take place in December at Oxford Brookes and a further LARSN conference in Cardiff in May LARSN was established in May 2008 as a national initiative led by the Centre for Law and Religion at Cardiff University. It seeks to bring together for the first time academics who are interested in all areas of law and religion: national and international law affecting religion and religious law. If you have any queries, or wish to join LARSN, please contact Russell Sandberg (SandbergR@cf.ac.uk) 9

10 Defamation and Religious Doctrine Professor Mark Hill QC acted for a journalist in a defamation action in the High Court before Mr Justice Eady. He successfully applied for the trial to be permanently stayed on the basis that it raised issues of Sikh doctrine, tradition, custom and practice which are non-justiciable as a matter of English law. Introducing the Centre for Law and Religion Working Papers A new feature has just been added to the Centre for Law and Religion website: the Working Papers. The Working Papers bring together papers by Centre members. The series will include conference papers, draft articles and comments and other pieces which have not been previously published. The Working Papers Series also includes papers already available on other sections of the site, such as papers presented to the Interfaith Legal Advisers Network by Professor Mark Hill QC, Frank Cranmer and Russell Sandberg. See the Working Papers page: WorkingPapers.html New Flyers New flyers advertising the Centre and Cardiff s LLM in Canon Law are now available to download from the Centre website. Professor Speaks at Rome Seminar on Apostolic Constitution Professor Norman Doe gave a lecture in Rome on the impact of the new laws enabling groups of Anglicans to join the Catholic Church. Last November, Pope Benedict XVI made a law to enable groups of Anglicans to join the Roman Catholic Church. Gianfranco Ghirlanda played a leading role in drafting the law; he is a canon lawyer and Rector of the Pontifical Gregorian University in Rome. On 9 April there was a seminar in Rome at which Professor Ghirlanda explained the law, and Professor Norman Doe responded with a juridical perspective from Anglicanism; he is Director of the Centre for Law and Religion at Cardiff Law School. The two lectures were followed by debate from the floor. The event was organised by Consociatio internationalis iuris canonico promovendo and chaired by its president, Patrick Valdrini. Norman Doe was interviewed on TV at the event for Rome Reports. The full text of the lecture is available on the Working Papers page. Mark Hill QC Appointed as Deputy Chancellor for Blackburn Diocese The Chancellor of the Diocese, His Honour Judge Bullimore, has appointed Professor Mark Hill, QC, as Deputy Chancellor. The Deputy Chancellor would normally only be called to act if the Chancellor were unavailable. Arrangements will be made for Mark Hill QC to be sworn in as Deputy Chancellor in the near future. 10

11 New Publications New Edition of the Ecclesiastical Law Journal The May edition of the Ecclesiastical Law Journal, edited by Professor Mark Hill QC and published by Cambridge University Press, is now available. The edition includes Frank Cranmer s Parliamentary Report and book reviews by Frank, Lee Coley, Robert Ombres and Norman Doe. Judges should not be hand-picked In a comment for the Church Times, Mark Hill QC argues that Lord Carey s intervention over the Court of Appeal was regrettable. In a witness statement placed before the Court of Appeal Lord Carey sought to lend his support to an application by Gary McFarlane that his case be heard by a specially constituted Court of Appeal comprising five Lords Justice who had a proven sensitivity to religious issues. In his comment, Mark Hill QC argues that Lord Carey s intervention was not merely inappropriate: it was plainly wrong. The full text is available at: Canonical Equity' Robert Ombres OP, 'Canonical Equity' in J.I.Arrieta (ed) Ius Divinum (XIII Congresso Internazionale di Diritto Canonico Marcianum Press, Venice 2010) New Volume of Derecho y Religión The new volume of Derecho y Religión (Law and Religion) includes several articles from Centre members. The Volume on Religion in the European Law is coordinated by Professor Gerhard Robbers, a Distinguished Academic Associate of the Centre. The volume includes an article by Research Associate Michal Rynkowski entitled Could the Ecclesiastical Courts Submit the Demand for Preliminary Ruling to the European Court of Justice? Honorary Professor Mark Hill QC and Russell Sandberg have also contributed the sole contribution from the UK, Blasphemy and Human Rights: An English Experience in a European Context. 'A Sign of the Times' A comment by Russell Sandberg has just been published in e-international Relations. The commissioned editorial, 'A Sign of the Times', explores how the European Court of Human Rights has dealt with religion. It pays particular attention to the judgment in Lautsi v Italy where it was held that displaying a crucifix in a school breached the European Convention on Human Rights. Sandberg proposes that the Court should develop a 'Religious Situation Rule' and that this rule should be taken into account when the Grand Chamber gives judgment on the Lautsi case. 'A Sign of the Times' can be read online for free at: 11

12 New Associate: Anna Gianfreda Anna Gianfreda, Research Fellow in Canon Law at the Catholic University, in Piacenza, has joined the Centre as a research associate. A former visiting scholar at the Centre, Anna has a B.A. in law (Catholic University, Piacenza 2004) and a doctoriate from the Catholic University in Milan (2008). Her interests include Law and Religion in the European Union; Religious Offences in Italian and British criminal law; British and Italian regulations on protection of religious dietary requirements. She recently visited Cardiff to speak at the Law and Religion Scholars Network conference. Details of her publications, including her 2008 book, can be found on her profile page of the website: 12

13 Centre for Law and Religion Cardiff University 2010 Part IV Centre Members contribute to New Edition of Jowitt's Dictionary of English Law The new edition of Jowitt's Dictionary of English Law has now been published by Sweet & Maxwell. Centre members Professor Norman Doe, Professor Mark Hill QC, Dr Russell Sandberg and Frank Cranmer all contributed to the new edition. Doe, Hill and Sandberg were the Specialist Contributing Editors for Ecclesiastical Law, revising all the ecclesiastical law entries. Cranmer was the Specialist Contributing Editor for Scotland. The third edition of Jowitt, edited by Daniel Greenberg, is the first new edition since Jowitt's Dictionary of English Law was first published in The General Editor was the Earl Jowitt, a former Lord Chancellor, although the dictionary was published posthumously. Jowitt contains all the terms fundamental to the structure and mechanism of English law. It is highly regarded as the only truly authoritative legal dictionary of English law. 13

14 The new edition was launched on Thursday 10 June Sweet and Maxwell, in conjunction with Withers Solicitors, hosted a reception to mark the publication of the Third Edition. Baroness Scotland of Asthal QC, former Attorney General, praised the work of all those involved in the project and a message of congratulation was received from Lord Mackay of Clashfern, Lord Chancellor from 1987 to Speaking at the launch, Professor Hill stated that although the legal landscape had changed significantly in the thirty years since the second edition, ecclesiastical law was far from recondite and moribund. He observed that he had come directly to the launch from the historic Court of Arches where he had been prosecuting an appeal earlier in the day in the presence of an apparitor (qv). He noted the influence of the traditional practice and procedures of the courts of the Church of England on many areas of English civil and common law and its continuing topicality, not least the sudden abolition of the common law offence of blasphemy as this current edition was in production. Norman, Russell and Mark have assigned their royalties from this venture to the Centre for Law and Religion to fund the work of future initiatives. Gareth Jones Delivers 2010 Memorial Lecture The 2010 John Lewis Memorial Lecture has been given by Father Gareth Jones, Catholic Chaplain to Cardiff University. The annual John Lewis Memorial Lecture was given on Saturday 12th June 2010 as part of the LLM in Canon Law course. The lecture was attended by staff on the course and the current students. A vote of thanks was given by Rev Gerard Garrett. The lecture was followed by the annual course dinner. Professor Norman Doe, Director of the LLM Course commented, "We are grateful to Gareth for providing a rich and stimulating lecture and we look forward to working closely with him in the future. The John Lewis Memorial Lecture is one of the highlights of the LLM in Canon Law year and 2010 has proved to be no exception". Professor John Lewis, an associate of the Centre and professor at Windsor University Ontario, taught regularly from 1993 until his death in The memorial lecturers have included: Professor Pieter Coertzen (University of Stellenbosch, South Africa), Professor Edward Gaffney (Valparaiso University School of Law), David Harte (Newcastle Law School), Frank Cranmer (then Principal Clerk, House of Commons), Revd Canon John Rees (Provincial Registrar Canterbury), Paul Colton (Bishop of Cork) and Professor Richard Helmholz (University of Chicago). 14

15 New Edition of Law and Justice Issue 164 of Law and Justice is now available. Edited by John Duddington, the Issue includes a number of contributions by Centre members. Russell Sandberg contributes an article which examines the recognition of Islam under English law. It is based on a public lecture delivered at the Centre for the Study of Islam in the UK in February Frank Cranmer provides an article on the JFS decision concerning faith schools. The journal also includes the regular CaseBook, edited by Frank and Russell, and the LARSN Publications List. There are also book reviews by Javier Oliva and Frank Cranmer. Cranmer Speaks at Humanist Symposium On 3 June, Frank Cranmer participated in a symposium convened by the Humanist Philosophers and the British Humanist Association on religious exemptions. About 25 philosophers and lawyers, including Maleiha Malik of King s, London and Adam Sandell of Matrix Chambers, looked at the extent of exemptions under English law for the practice of religion and their possible justifications. The debate ranged across areas such as the Abortion Act 1967, religious dress, and employment law. Frank gave a presentation entitled Religious Exceptions in English and Scots Law. Mediation: Opportunity and Challenge On Wednesday 7 July 2010, Professor Mark Hill QC delivered the third in the series of Ecclesiastical Law Society London Lecture at Lincoln s Inn, London. His paper, 'Mediation in the Church of England: Opportunity and Challenge' will be published in Issue 13(1) of the Ecclesiastical Law Journal in January 2011, together with a companion paper from the Reverend Stephen Fielding, a non-stipendiary priest in the Diocese of St Albans and an experienced mediator. As well as being an Honorary Professor and Fellow of the Centre for Law and Religion at the Law School, Cardiff University, Mark is an ADR Accredited Mediator, Chancellor of the Dioceses of Chichester and Europe, and Deputy Chancellor of the Dioceses of York and Blackburn. Mark's paper identified specific situations where the law, or pastoral concerns, militate in favour of mediated settlements and outlined the value of alternative dispute resolution in religious disputes. Stephen, who is engaged in fundraising for a course on dispute resolution to be run at Ripon College, Cuddesdon, focused his paper Mediation in the Church of England: Theology and Practice on the practical effect for disputants of the theological imperative to mediate. 15

16 David Harte Attends Colloquium in Calabria The Centre for Law and Religion was represented by David Harte at the biannual Dionysian Colloquium which was held in Calabria, in the South of Italy, between Monday 30 August and Wednesday 1 September The Colloquium, under the direction of Professor Giorgio Barone Adesti, was organised jointly by The Faculty of Jurisprudence of the University for the study of Greater Greece, at Catanzaro, The Institute of Cassiodorus and Medieval Calabria, at Squillace and the Institute of St Dyonisius Exiguus (St Dennis the short ) of the Orthodox Diocese of Romania in Italy.* The subject was, the Ecclesiastical Province: canon law foundations, historical experiences and contemporary praxis and the aim was to consider the historical origins and the continuing survival of the ecclesiastical province and of metropolitan jurisdiction. A large population of Eastern European migrants in Italy, particularly Romanian construction workers in the South, has raised issues of overlapping jurisdictions between a number of Orthodox and Oriental rite churches and with the dominant Roman Catholic Latin Church. This has been particularly significant in respect of the different expectations for religious education in state schools.calabria is rich in Byzantine remains and was a trade gateway to Italy for the Byzantine Empire. The bishop of the Romanian Orthodox diocese in Italy and a number of his clergy were active particpants in the Colloqium, which concluded with a liturgy in the Byzantine monastery at Stilo, restored by the Romanians over the last ten years as a living community and centre for worship. 16

17 Papers were presented on the different origins and the varied provincial structures of the Roman Catholic Church and of churches represented by speakers from Romania, Bulgaria, Serbia and Russia. The representative from the Centre for Law and Religion contributed a discussion of the concept of the Province in the Church of England and the Anglican Communion. The papers elucidated the complex web of different Orthodox and Catholic Oriental churches which have evolved from the original Patriarchates of Antioch, Alexandra and Rome, with the early addition of further Patriarchates in post destruction Jerusalem and Constantinople; the distinction was explained between Patriarchal churches and others which emerged with independent systems of governance as autocephalous daughter churches or in a further stage of church planting as autonomous churches. The priority between different churches would seem to vary, from merely recognising a primacy of honour, to a defined hierarchy of authority. The spread and intermingling of populations of believers from the different traditions has created tensions where particular churches have extended their jurisdiction into new territories, particularly by creating new provinces or dioceses. Despite ultimate submission to the Papal Magisterium, the Oriental Catholic churches also have to contend with overlapping jurisdictions. Furthermore, in the Roman Catholic Church there is pressure for a more active provincial structure with lay participation rather than the exclusive National Conferences of bishops. At the present stage of differences in the Anglican Communion the tradition of territorial provinces would also seem to face tensions with the prospect of dioceses or parishes in particular autonomous churches ceceding to another church by putting themselves under the metrapolitical jurisdiction of a province and a church based in a different territory. * St Dyonisius was a monk from what is now Romania, a member of the Roman Curia, who around 500 AD, translated from Greek to Latin the decrees of Nicea and other Councils of the early Church, as well as 401 canons and a collection of Papal decrees, with which he anticipated Gratian. He was a friend of Cassiodorus, the statesman who succeeded Boethius as mentor of Theodoric, the Gothic King of Northern Italy. Cassiodorus was notable for his attempts to bridge and reconcile the traditions of the Eastern and Western branches of the Roman Empire and the Greek and Latin branches of Christianity. David Harte 17

18 New Publications New Publication: Church, State and Establishment J. G. Oliva, "Church, State and Establishment in the United Kingdom in the twenty-first century: Anachronism or Idiosyncrasy?" [2010] Public Law This article focuses on the relationships between public authorities and both the Church of England and the Church of Scotland and describes the main features of the models of establishment in both nations. Furthermore, it discusses whether both systems are compatible with our membership of the European Union and the Council of Europe. New Publication: 'Conscientious Objection to Abortion in the UK' J. Garcia Oliva and F. Cranmer, Objeción de conciencia al aborto en el Reino Unido, 23 Revista General de Derecho Canónico y Eclesiástico del Estado 1-23 [2010]. A new article by Javier Oliva and Frank Cranmer examines the historical development of the legal framework of abortion in the United Kingdom and looks at the views on termination of pregnancy of the mainstream religious denominations in the British Isles. New Publication: Don t blame judges for marginalising Christianity Research Associate John Duddington has written an opinion for the Catholic Herald on the Court of Appeal decision in McFarlane v Relate. Reviewing a series of cases concerning religious claimants, John concludes that current situation is the fault of English law, not of those who have a duty to interpret it. The full article can be read at: It also analyses conscientious objection to abortion in the United Kingdom, drawing a distinction between Great Britain and Northern Ireland (where the provisions of the Abortion Act 1967 do not apply) and discusses the relevant case law and whether or not the protections provided to conscientious objectors under the Abortion Act 1967 suffice. New Publications by Richard Albert Distinguished Academic Associate Professor Richard Albert has recently published two articles: Constitutional Rights, Moral Controversy, and the Supreme Court (2009) Journal of Church and State ; and The Fusion of Presidentialism and Parliamentarism (2009) 57 American Journal of Comparative Law

19 New Edition of the Ecclesiastical Law Journal David Harte Becomes a Fellow The September edition of the Ecclesiastical Law Journal, edited by Honorary Professor Mark Hill QC, is now available. Published by Cambridge University Press, the latest edition includes a number of contributions by Centre members. Professor Norman Doe contributes an article on the Apostolic Constitution Anglicanorum Coetibus which represents the latest, and perhaps one of the most controversial, developments in Anglican and Roman Catholic relations. The article describes responses to the Apostolic Constitution, from the hostile to the welcoming, evaluates the provisions of the Apostolic Constitution, and evaluates the ways in which the laws of Anglican churches may be employed either to hinder or to help the departure of those seeking entry to an ordinariate. In addition to his regular Parliamentary Report, Frank Cranmer provides a comment on the decision in Macdonald v Free Presbyterian Church of Scotland; while Russell Sandberg has written a comment on McFarlane v Relate Avon Limited. Eithne D Auria provides a book review of The Sins of the Fathers by John Witte and Frank Cranmer has written a book review of The Religious Left and Church-State Relations by Stephen H Shiffrin. The journal also includes reports of the latest meetings of the Interfaith Legal Advisers Network and the Law and Religion Scholars Network. David Harte at a LARSN Conference, together with Centre Director Norman Doe and Javier Oliva David Harte has been appointed as a Fellow of the Centre for Law and Religion. A graduate of the LLM in Canon Law, David is now a regular teacher on that course and has for many years been an associate at the Centre. He has been appointed as a Fellow following his retirement from his senior lectureship at Newcastle. David is also Book Review Editor of the Ecclesiastical Law Journal and Deputy Chancellor of the Diocese of Durham. Professor Norman Doe, Director of the Centre for Law and Religion, said: David has been a staunch supporter of the Centre. I am delighted that he will now continue this work as a Fellow. 19

20 New Distinguished Academic Associate Professor Noel Cox, Head of the Department of Law and Criminology and Professor of Law, Aberystwyth University, has become a Distinguished Academic Associate of the Centre for Law and Religion at Cardiff University. Professor Cox is author of Church and State in the Post-Colonial Era: The Anglican Church and the Constitution in New Zealand (Auckland 2008) as well as a number of law and religion related articles published in the Journal of Law and Religion, Journal of Anglican Studies and the Ecclesiastical Law Journal. Professor Norman Doe, Director of the Centre for Law and Religion, said: It is a pleasure to welcome Noel as a Distinguished Academic Associate of the Centre. I look forward to working with him in the years ahead. LARSN Developments The Law and Religion Scholars Network (LARSN) continues to go from strength to strength, with the launch of the Religious Rights and Religious Discrimination project (R 3 D) and the second conference for doctoral students. The Religious Rights and Religious Discrimination project (R 3 D) will create an online open-access Commentary linked to the subject centre website. It aims to identify and contextualize key cases from the law of England and Wales in relation to Religious Rights and Religious Discrimination. The resource will be generated by undergraduate researchers and reviewed and edited by postgraduate students at institutions including Oxford Brookes, Cardiff University, and Bangor University. The Commentary will be specifically aimed at students of religion who do not have a legal background, enhancing their understanding of the key decisions. The project will therefore enhance student learning for researchers, reviewers and readers. The Project will be coordinated by Oxford Brookes as a LARSN initiative. 20

21 Centre for Law and Religion Cardiff University 2010 Part V President of Europe Members of the European Consortium for Church and State Research in Professor Norman Doe, seen here between the two pillars on the left, was President of the Consortium in

22 Professors Norman Doe and Mark Hill QC attended the annual meeting of the European Consortium for Church and State Research in Trier on 12-14th November The theme of the meeting was the interaction between education law and religion. Professor Doe is the current president of the Consortium and chaired the main sessions of the meeting. He also delivered a paper on opt outs in education law. Ecclesiastical Law Journal Presented to the Supreme Court Professor the Worshipful Mark Hill QC has presented the Ecclesiastical Law Journal to the Supreme Court of the United Kingdom. The Bishop of Guildford and Rebecca O'Rourke of Cambridge University Press were in attendance. Professor Hill QC, a Fellow of the Centre, is editor of the Journal and several Centre members are on the Journal's editorial board. Canon Law and the Path to Unity Centre members Eithne D Auria, Professor Norman Doe, Professor Mark Hill QC and the Reverend Professor Aidan McGrath OFM took part in a discussion at Westminster Abbey on 29th November They discussed: What can Canon Lawyers do to ensure that there are the structures needed to take the churhces forward on the path to unity? What are the obstacles they face? Will Anglicanorum Coetibus, the Apostolic Constitution which offers a new way for Anglicans to enter communion with the Bishop of Rome, prove a help or a hindrance ecumenically? How can Canon Lawyers work in harmony with ecumenical bodies? 22

23 LLM in Canon Law Reunion 2010: In Pictures 23

24 The annual reunion of graduates of the LLM in Canon Law was held on 20th September 2010 at Magdalen College, Oxford. The 2009 paper was given by Professor Norman Doe and examined the juridification of European religion law. The reunion consists of tea, a learned paper and a dinner, presided over by Sir John Owen, a Retired High Court Judge and Dean of Arches. The event is organised by the Reverend John Masding, a graduate from the first intake for the LLM in Canon Law in 1991, and a demy at Magdalen in his undergraduate days. The LLM in Canon Law was launched in 1991 as the first degree of its type in England and Wales since the Reformation of the sixteenth century. Many graduates of the LLM have joined the course director Norman Doe as members of the Centre for Law and Religion at Cardiff Law School. Cranmer Speaks at Belgian Federal Parliament Research Fellow Frank Cranmer represented the Centre at a conference entitled Fundamental Freedoms Tested by Sectarianism under the auspices of the Belgian Government s Centre d Information et d Avis sur les Organisations Sectaires Nuisibles The conference took place at the Belgian Federal Parliament on 17 September and read a paper on Religious Exceptions in English and Scots Law. The presentations at the conference ranged widely across areas such as the role of the Council of Europe, public education, and the problem of balancing freedom to manifest under Article 9 ECHR with the need to protect the public from exploitation by religious extremists. New Fellow: Edward Morgan Edward Morgan has joined the Centre for Law and Religion as a Fellow. Ed is a barrister, Arbitrator, Mediator, Diocesan Judge and Employment Judge and serves as an Advisor to the Catholic Bishops Conference of England and Wales. Ed will be a frequent contributor to the LLM in Canon Law, tutoring on aspects of Catholic Canon Law. Professor Norman Doe, director of the Centre for Law and Religion, commented, We are delighted to welcome Ed as a fellow of the Centre. He possesses a remarkable ability to present material in a way that is both academically rigorous but also practically relevant. He is a fantastic new addition to the team. I particularly look forward to working with him on the LLM in Canon Law. 24

25 New Publications New Dictionary of Religious Studies Professor Norman Doe and Dr Russell Sandberg have contributed to a new dictionary Dictionary of Religious Studies in the Twentieth Century. Edited by Alberto Melloni and published in Italian, the Dictionary comes in two volumes. Both of which have now been published. The first volume includes an article by Norman and Russell on Order and Canon Law of the Church of England and Anglican Communion, which examines the study of the law of the Church of England and the Anglican Communion. The second volume includes an article by Russell on The Sociology of the Law on Religion examining how the study of the relationship between religion, law and society has blossomed as an academic subject. Both pieces were originally written in English language versions of both articles are available on the Working Papers section of the Centre for Law and Religion website. Papers.html Hill Contributes to Law and Religion in the Twenty- First Century We are delighted to record the recent publication of Law and Religion in the Twenty-First Century: Relations Between States and Religious Communities edited by Silvio Ferrari and Rinaldo Cristofori (Ashgate, 2010). The volume comprises the proceedings of the inaugural conference of the International Consortium for Law and Religion Studies which was held in Milan in January 2009 and includes a chapter by Honorary Professor Mark Hill QC entitled Church and State in the United Kingdom: Anachronism or Microcosm Religion and Food Research Associates Anna Gianfreda and Rossella Bottoini have contributed chapters to a new edited book on Cibo E Religione ( Food and Religion ). The book is edited by Antonio G Chizzoniti and Mariachiara Tallacchini. Anna s chapter is on The protection of Religious Dietary Prescriptions in the UK Legislation to a new volume whilst Rosella has written on Ritual Slaughtering in the European Union and in Member States: Legal Aspects. Both are in Italian but the book includes abstracts and profiles of the authors in English. 25

26 Richard Helmholz Teaches on Cardiff LLM programme Professor Richard Helmholz of Chicago University delivered two sessions on the LLM in Canon Law residential weekend on Saturday 27th November. Professor Helmholz delivered two sessions on medieval canon law and the reformation. Professor Helmholz, a distinguished academic associate of Cardiff s Centre for Law and Religion, was in the UK to give the Eighth Lyndwood Lecture, organised by the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland. The lecture, held in London on Tuesday 23rd November, was entitled University Education and English Ecclesiastical Lawyers, The November LLM in Canon Law weekend also included a guest presentation by Chloe Kennedy, a doctoral student from Edinburgh, who presented her work on The Connections between Criminal Law and Religion in 16-17th Century Scotland. LLM Student enthroned as new Bishop of Shyira Diocese Dr Laurent Mbanda, a first year student on the LLM in Canon Law, has been enthroned as the new Bishop of Shyira Diocese in the Anglican Church of Rwanda. The Centre for Law and Religion would like to congratulate Laurent on his enthronement and to wish him well with his new position and his further studies at Cardiff. Oliva Attends Latin American Consortium Javier Oliva, Research Associate at the Centre for Law and Religion and lecturer in Bangor University, has taken part in the 10th Annual Conference of the Latin American Consortium on Religious Freedom, held in Lima on 22nd and 23rd September. He presented a paper on Employment Law and Religion in the United Kingdom' and he has now become a member of this Consortium. This year there were representatives from Argentina, Chile, Uruguay, Peru, Brazil, Mexico, Ecuador, Paraguay, Spain and the United Kingdom. Oxford Education Conference Several members of the Centre for Law and Religion at Cardiff University were invited to give papers at a Conference Organised by The Institute of Global Law at UCL and Maison Française d Oxford on Law, Religion and Education. The conference held on 8-9th October 2010 included presentations by Dr Javier Oliva, Frank Cranmer, Professor Mark Hill QC and Dr Russell Sandberg. Javier gave a paper on The Teaching of Religion in Spain: An ongoing controversy whilst Frank delivered a paper entitled, Beating People Is Wrong: Campbell and Cosans, Williamson and their aftermath. Mark and Russell spoke on religious symbols. Mark s paper was entitled Crosses, Bracelets, Rings and Veils: The accommodation of religious symbols in the uniform policies of English schools whilst Russell spoke on Religious Symbols in UK Schools: Teachers and other staff. 26