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Modernising Charity Law
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Modernising Charity Law

Recent Developments and Future Directions

9781849802505 Edward Elgar Publishing
Edited by Myles McGregor-Lowndes and Kerry O’Halloran, Queensland University of Technology, Australia
Publication Date: 2010 ISBN: 978 1 84980 250 5 Extent: 296 pp
In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society

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Critical Acclaim
Contributors
Contents
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In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics, regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society

This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.
Critical Acclaim
‘Hard on the heels of a recent surge in charity-law reforms around the world comes this comprehensive volume of analysis and caution by leading academics and practitioners from many of the countries undergoing change. This timely and essential resource will not only aid those jurisdictions where welcome modernization has occurred, but also provide guidance and lessons for policy makers and scholars in Australia’s renewed push for reform – as well as in the United States, where serious debates are just starting.’
– Evelyn Brody, Chicago-Kent College of Law and Reporter, American Law Institute’s Project on Principles of the Law of Nonprofit Organizations, US
Contributors
Contributors: O.B. Breen, L. Driscoll, J. Garton, M. Gousmett, L. Hunter, B. Lucas, M. McGregor-Lowndes, D. Morris, K. O’Halloran, A. Robinson, K.W. Simon, M. Turnour, B. Wyatt
Contents
Contents:

Foreword

Introduction
Myles McGregor-Lowndes

PART I: THE CHARITY REFORM JOURNEY SINCE 2001
1. Charity Law Reforms: Overview of Progress Since 2001
Kerry O’Halloran, Bob Wyatt, Laird Hunter, Michael Gousmett and Myles McGregor-Lowndes

2. England and Wales: Pemsel Plus
Lindsay Driscoll

3. Ireland: Pemsel Plus
Oonagh B. Breen

PART II: BOUNDARIES
4. Public Benefit: The Long and Winding Road to Reforming the Public Benefit Test for Charity: A Worthwhile Trip or ‘Is Your Journey Really Necessary?’
Debra Morris

5. Developing Issues in the Regulation of Public Benefit Organisations in Japan and China
Karla W. Simon

6. Holding the Line: Regulatory Challenges in Ireland and England when Business and Charity Collide
Oonagh B. Breen

7. Government–Charity Boundaries
Kerry O’Halloran

8. Religion as a Head of Charity
Brian Lucas and Anne Robinson

PART III: THE FUTURE OF CIVIL SOCIETY ORGANISATIONS
9. The Future of Civil Society Organisations: Towards a Theory of Regulation for Organised Civil Society
Jonathan Garton

10. Modernising Charity Law: Steps to an Alternative Architecture for Common Law Charity Jurisprudence
Matthew Turnour

Conclusion
Kerry O’Halloran

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 84980 797 5
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