By Kerry O'Halloran, Myles McGregor-Lowndes, Karla Simon
Charity legislation & Social coverage explores modern legislation, coverage and perform in a number of glossy universal legislation countries. It does so in 4 elements and from the point of view of the way this has developed within the united kingdom.
As progenitor of a procedure bequeathed to its colonies and after centuries of management in constructing the middle ideas, guidelines and precedents that in this case 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 components 1 and a pair of. those commonly cartoon the parameters and function of ‘charity’ – visible as a mixture of private and non-private pursuits - then handle the law’s position in maintaining, policing, adjusting and aiding charity. this gives the serious dimensions for the comparative research of expertise within the universal legislations international locations that constitutes the most a part of the book.
Part three, in five chapters, offers an research of the criminal capabilities as they practice to form of desire and thereby provide impression to social coverage in Singapore, Australia, New Zealand, Canada and the U.S. of the US. half four concludes with 3 chapters that appraise political impact as an element in aligning charity legislations with social coverage to create a facilitative setting for acceptable charitable task. consciousness is given to the crucial position of the regulator, modern charity legislation frameworks and definitional boundaries.
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Extra resources for Charity Law & Social Policy: National and International Perspectives on the Functions of the Law Relating to Charities
It requires ownership to vest within the ‘perpetuity period’; fixed at life or lives in being plus 21 years or just 21 years where there is no life in being. Once vested a charitable trust enjoys the considerable legal privilege that it may continue in perpetuity. Concepts, Parties and the Gift Relationship 13 will not be satisfied if a proposed recipient is a member of a closed class such as the employee of a particular company or of any organisation with a fixed membership or is one of a designated group linked by any form of relationship to the donor.
In this way, the chapter builds a picture of how charity as a common law phenomenon was initially shaped, thereby providing a baseline or perspective from which to view in subsequent chapters the developments in that jurisdiction and others as the concept and social construct of ‘charity’ evolved in keeping with pressures emanating from its particular cultural context. Concepts, Parties and the Gift Relationship The essential elements of charity in a common law context would seem to have been formed in pre-Reformation England when Church and King were the twin institutions governing society.
It will not be justified where the gift is to a closed class such as the employees of a particular company, any organisation with a fixed membership or where potential beneficiaries are linked by a personal nexus (subject to the poor relations anomaly). 53 ● The ‘poor relations’ exception The ‘poor relations’ rule constitutes an exception to the general requirement that there must be a public dimension where a gift is made to a class of persons and that it will be non-charitable if made to a group of individuals.