Church and State in 21st Century Britain: The Future of Church Establishment

Church and State in 21st Century Britain: The Future of Church Establishment

by R. Morris (Editor)

Paperback(1st ed. 2009)

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Product Details

ISBN-13: 9781349363995
Publisher: Palgrave Macmillan UK
Publication date: 03/26/2009
Edition description: 1st ed. 2009
Pages: 261
Product dimensions: 5.51(w) x 8.50(h) x 0.02(d)

About the Author

R.M. MORRIS is an Honorary Senior Research Fellow in the Constitution Unit at University College London, UK. When a civil servant in the Home Office, he was Private Secretary to Home Secretaries and head of several departments, including the one that dealt with the Home Secretary's former constitutional responsibilities.

Table of Contents

Tables viii

Preface ix

Glossary xi

Contributors xiii

1 Introduction: Mapping the Issues 1

The scheme of the book 5

Part I Establishment in Great Britain Now 15

2 Establishment in England: Main Developments since 1800 17

Then and now 17

The course of change 19

From religious toleration to religious freedom 20

State Withdrawal and expansion 22

Institutional balance - the case of education 22

Institutional intervention 27

Institutional separation 28

3 Monarchy and Legislature 34

Monarchy 34

Legislature 40

4 Executive, Judiciary and the Legatine Powers 47

Executive 47

Judiciary 57

Legatine jurisdiction 59

Annex: Howick and van Straubenzee Committees 59

5 Financing Establishment in England 61

Direct funding 61

Historic subventions in England 64

Current sources of state funding 67

Church buildings 68

Indirect funding 70

Conclusions 75

6 Establishment in Scotland 76

Background 76

Position of the Crown 77

Secessions and reunions 78

Implications for Church and state in England 82

The Church of Scotland and 'establishment' 83

Articles Declaratory of the Constitution of the Church of Scotland 87

7 Recent Developments in Church/State Relations in Scotland 91

Marjory MacLean, Frank Cranmer and Scot Peterson Introduction 91

The Percy case and its aftermath 93

Aston Cantlow and Percy: changing status by degrees? 100

Conclusion 105

Part II Disestablishments 109

8 Disestablishment in Ireland and Wales John Lucas (with Bob Morris) 111

What establishment meant in Ireland and Wales 111

Ireland 112

Wales 117

The two disestablishments in perspective 125

9 Church/State Relations in Scandinavia FrankCranmer 127

Lutheranism and the 'folk-church' 127

The individual churches 130

The governance of the Church 134

Conclusion: different but the same? 147

Part III Policy Analysis 151

10 The Condition of Modern Belief 153

Religious observance 154

Explaining the changes 162

How irreversible? 169

Implications for church/state relations 171

11 Establishment: The State of Opinion 173

Ancient disestablishmentarianism 173

Modern Anglican disestablishmentarianism 174

Disestablishmentarianism elsewhere 176

Parliament and establishment 178

Establishmentarianism 181

Part IV Establishment Futures 191

12 The Higher Architecture 193

Disestablishment 193

Conclusion 211

13 The Political Representation of Religion 212

Religion and the legislature - general 212

The Church of England bishops 218

14 Towards a New Balance 226

Ecclesiastical law and courts 226

Repeal of the Enabling Act 1919 228

Chaplaincies 229

Legatine powers 230

Re-establishment 230

Viewing the options - the statesman 234

Viewing the options - the Church of England 236

Conclusion 237

Notes 242

Bibliography 247

Index 258

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