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Vol 21 No 10 Oct/Nov 2016

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Modernising Charity Law: Recent Developments and Future Directions

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ISBN13: 9781849802505
Published: October 2010
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £93.00



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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.

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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. Modernising Charity Law: 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