Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Ecclesiastical - From: 2000 To: 2000

This page lists 7 cases, and was prepared on 02 April 2018.


 
 Parochial Church Council of Aston Cantlow and Wilmcote With Billesby, Warwickshire and Another; ChD 7-Feb-2000 - Gazette, 28 April 2000; Times, 30 March 2000

 
 Fraser and Another v Canterbury Diocesan Board of Finance; ChD 22-Feb-2000 - Times, 22 February 2000
 
In Re Durrington Cemetery Times, 05 July 2000; Gazette, 13 July 2000
5 Jul 2000
ConC

Ecclesiastical
A Jewish man had married a Christian. She requested his burial in a Christian cemetery. After she later emigrated, his relatives applied for his exhumation, and reburial in a Jewish cemetery. The delay was excused because it had been out of deference to the widow's wishes, and the two faiths were similar enough for the re-interment to be allowed a faculty, even though the new burial would not be in consecrated ground.

 
The Bahamas District of the Methodist Church in the Caribbean and the Americas and Others v The Hon Vernon J Symonette M P Speaker of the House of Assembly and 7 Others (No 70 of 1998) and Ormond Hilton Poitier and 14 Others v The Methodist Church [2000] UKPC 31; No 70 of 1998
26 Jul 2000
PC
Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Clyde Lord Hutton
Commonwealth, Constitutional, Ecclesiastical, Charity
PC (The Bahamas) The Methodist community had split, eventually leading to a new Act. Others now challenged the constitionality of the Act, and that lands had been transferred in breach of the constitution. Held: The court had jurisdiction to entertain the constitutional issues raised in the main action. But no case was made for treating these proceedings as exceptional. Had the main action come to trial before the enactment of the Act, the court would have been bound to decline to intervene in the legislative process, but it did not. The main action remained an adequate and suitable proceeding in which to consider, post-enactment, the constitutional issues of substance raised in the action. The court was not being asked to rule on an academic matter. Though a parliament might have the power to deprive people of their properties in the public interest, the constitution of the Bahamas contained no such epress power. However, th econstitution could be construed purposively to produce such a power.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Hasan and Chaush v Bulgaria 30985/96; (2002) 34 EHRR 55; [2000] ECHR 509; (2002) 34 EHRR 1339; [2000] ECHR 511
26 Oct 2000
ECHR

Human Rights, Ecclesiastical
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: "Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer's right to freedom of religion encompasses the expectation that the community will be allowed to function peacefully free from arbitrary State intervention. Indeed, the autonomous existence of religious communities is indispensable for pluralism in a democratic society and is thus an issue at the very heart of the protection which Article 9 affords. It directly concerns not only the organisation of the community as such but also the effective enjoyment of the right to freedom of religion by all its active members" The court "recalls that, but for very exceptional cases, the right to freedom of religion as guaranteed under Convention excludes any discretion on the part of the State to determine whether religious beliefs or the means used to express such beliefs are legitimate." Not every act which is in some way motivated or inspired by religious belief is to be regarded as the manifestation of religion.
The court considered the need for precision in the formulation of law and said: “For domestic law to meet these requirements [that is, of accessibility and foreseeability] it must afford a measure of legal protection against arbitrary interferences by public authorities with the rights safeguarded by the Convention. In matters affecting fundamental rights it would be contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate with sufficient clarity the scope of any such discretion conferred on the competent authorities and the manner of its exercise.
The level of precision required of domestic legislation - which cannot in any case provide for every eventuality - depends to a considerable degree on the content of the instrument in question, the field it is designed to cover and the number and status of those to whom it is addressed.”
European Convention on Human Rights 9 11
1 Citers

[ Bailii ] - [ Bailii ]

 
 In Re St Gregory, Offchurch: Coventry; ConC 16-Nov-2000 - Times, 08 November 2000; Gazette, 16 November 2000

 
 In Re Crawley Green Road Cemetery, Luton; ConC 2-Dec-2000 - [2001] All ER (D) 23; [2001] HRLR 21
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.