Governance and Regulation of Charities

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Governance and Regulation of Charities

International and Comparative Perspectives

9781035310739 Edward Elgar Publishing
Edited by Rosemary Teele Langford, Harold Ford Professor of Commercial Law, Melbourne Law School, The University of Melbourne, Australia
Publication Date: December 2023 ISBN: 978 1 03531 073 9 Extent: c 306 pp
Adopting a critical multijurisdictional approach to charity law, this thought-provoking book provides a comprehensive analysis of the challenges facing charitable organisations. Exploring the contrasting approaches to charity governance and regulation in both common law and civil law jurisdictions, the book imparts practical guidance for a vast array of stakeholders in the charity law field.

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Critical Acclaim
Contributors
Contents
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Adopting a critical multijurisdictional approach to charity law, this thought-provoking book provides a comprehensive analysis of the challenges facing charitable organisations. Exploring the contrasting approaches to charity governance and regulation in both common law and civil law jurisdictions, the book imparts practical guidance for a vast array of stakeholders in the charity law field.

Rosemary Teele Langford brings together unique perspectives from a diverse range of eminent scholars across the globe, presenting invaluable insights on charity governance and regulation from multiple jurisdictions such as England and Wales, Australia, Germany, Korea and Japan (to name a few). Using a comparative methodology, the book delves deeply into a number of important issues relating to charity governance and regulation that transcend national boundaries. Key themes include the nature of charity accountability, the importance of trust and transparency, the refocusing of charity governance duties, the evaluation of charity law frameworks and regulatory approaches, and a forward-thinking appraisal of legislative reforms.

Perceptive and progressive in approach, this book will inspire future scholarly discourse and will prove invaluable to academics, practitioners, regulators, charity leaders, policymakers and students across a number of jurisdictions.

Critical Acclaim
‘Governance and regulation of charities is a dynamic field that is rapidly changing on the ground and in scholarship. This work critically appraises the shifting ground of charity reforms in multiple jurisdictions and points to plausible understandings of these developments and where they are destined to lead us.’
– Myles Mcgregor-Lowndes, Queensland University of Technology, Australia

‘This important volume provides new and provocative perspectives on the governance and regulation of charities in comparative perspective. Lawyers, consultants, academics, students and others will find this an invaluable resource for understanding the complex world of charities and civil society within countries and across borders.’
– Mark Sidel, University of Wisconsin-Madison, US

‘This volume provides a rich seedbed of ideas and analysis on the governance and regulation of charities.’
– Oonagh B Breen, University College Dublin, Ireland
Contributors
Contributors include: Susan Barker, Jackie Bettington, Oonagh B. Breen, Ashton Cook, M. Scott Donald, Matthew Harding, Rosemary Teele Langford, Kye Joung Lee, Rebecca Lee, Danielle Mawer, Debra Morris, Masayuki Tamaruya, Matthew Turnour, Birgit Weitemeyer
Contents
Contents:

Foreword viii

Introduction to Governance and Regulation of Charities:
International and Comparative Perspectives 1
Rosemary Teele Langford

1 An Examination of Charity Accountability: To Whom,
and How Can We Make It Better? 17
Debra Morris
2 Charity Regulation in an International Context 42
Matthew Turnour
3 The Conditions for Purpose-Based Governance 66
Matthew Harding
4 Designing an Optimal Charities Framework 83
Sue Barker
5 A Tale of Two Jurisdictions: Critical Reflections on
Charity Law and Regulation in Australia and England & Wales 108
Danielle Mawer
6 Rethinking the State Regulation of Charities: A Hong
Kong Perspective 133
Rebecca Lee
7 Governance and Regulation of Nonprofit Organisations in
Germany: Insights and Suggested Reforms 157
Birgit Weitemeyer
8 Charity Governance in Japan: Past Reforms and Current Debates 184
Masayuki Tamaruya
9 Governance and Regulation of Charitable Trusts in Korea:
Insights and Implications 208
Kye Joung Lee
10 Regulating the Investment Activities of Australian Charities 228
M Scott Donald and Ashton Cook
11 ‘All for One, One for All, Until…’: Tensions in Individual
Accountability and Board Responsibility 252
Jackie Bettington
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