Cathedrals have been described as ‘normative space’ insofar as their regulation both shapes, and is shaped by, their architecture. This article extends that description and applies it, by analogy, to listed Church of England churches and examines how the concept of ‘normative space’ relates to, and informs, their regulation within ecclesiastical and secular systems. The article goes on to outline the implications for (1) architectural and artistic innovation and (2) the worship and mission of the Church.

This article seeks to provide a constitutional law perspective on the contribution of the Lords Spiritual to the scrutiny of legislation in the House of Lords. It examines the legal basis of the bishops’ role in the Upper House and how this has evolved. It considers how far the bishops currently meet expectations about their role against the background of calls for reform of the House of Lords and changes in religious affiliation in the United Kingdom. The paper draws, amongst other things, on the experience of a group of current and former Lords Spiritual who shared their views with the author in the course of some informal semi-structured conversations. It also examines the relationship between the Lords Spiritual and the Church of England's national institutions. It concludes that the Lords Spiritual make a distinctive contribution to the legislature which should be maintained, with some modifications to meet the needs of the time.

To mark the passing of two decades since the Judicial Committee of the House of Lords handed down their judgment in the appeal of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank this article considers the enduring impact of the decision in terms of the constitutional position of the Church of England as a national church and analyses the public and private functions which it undertakes. In the altered landscape of the new Carolean era, with a decline in church attendance and a rise in secularism, it examines the reasoning of the five separate opinions delivered by the Law Lords and evaluates in retrospect various of the issues raised.

This article explores the interpretation and application of the term ‘doctrine’ within the Anglican Church of Australia and its implications in Australian civil law, particularly anti-discrimination legislation. It examines the tension between (1) the constitutional definition in the Church's constitution and (2) broader interpretations found in General Synod resolutions. The anxiety evident in the General Synod resolutions underscores ongoing debates within the Church about same-sex marriage and relationships and the application of secular exemptions in anti-discrimination legislation. The article concludes that the civil law definition of the term ‘doctrine’ is wide enough to encompass both the Anglican Church of Australia's constitutional definition and the broader meaning found in General Synod resolutions. Nevertheless, care needs to be taken by the Church to avoid the risk of civil courts being called upon to engage in their own exegesis of scripture, and thereby come to conclusions which are at odds with the avowed beliefs of the Church.

This article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.

This article discusses the application of the proportionality test which the Court of Session in Scotland and the European Court of Human Rights carried out when reviewing the limitations to worship and public gatherings imposed during the COVID-19 pandemic. The article concludes that judges should not use the proportionality standard of review as an avenue to circumvent their duty of neutrality towards religious dogmas.

The origins of this comment lie in Charles George KC's article: ‘Do we still need the faculty system?’1 which came towards the end of his tenure of office as Dean of the Arches and Auditor (2009–2020). George himself acknowledged that his conclusion, namely that a no-holds-barred review of the faculty system would now be appropriate, might come as ‘rather a surprise’ and that some might have expected his answer to his own question to be in the affirmative: namely, that we do still need a faculty system.

This Comment, based substantially on a lecture delivered to the Ecclesiastical Law Society on 5 July 2023, will explore how bishops engage with the legislature, comparing the example of Bishop George Bell in the last century with a rather different example in the present century, namely Pope Benedict XVI and his address to members of Parliament in Westminster Hall in 2010. The comparison will, I hope, indicate some historic dimensions to the issues of episcopacy, law and government that are pertinent today.

On 4 December, the Home Secretary unveiled a new package of measures to reduce immigration – a matter of great interest to faith communities, given that some of them depend fairly heavily on clergy and lay-workers from overseas to sustain their pastoral ministries. One of the elements in his statement to the Commons was a decision to ‘increase the skilled worker earnings threshold by a third to £38,700 from next spring, in line with the median full-time wage for those kinds of jobs’ and to raise the minimum income for family visas ‘to the same threshold as the minimum salary threshold for skilled workers, which is £38,700’.1

Probably the biggest legal news of the period under consideration was the judgment of the Supreme Court in R (AAA (Syria) & Ors) v Secretary of State for the Home Department [2023] UKSC 42, [2023] WLR 4433, in which it held unanimously that the Government's policy of sending asylum-seekers to Rwanda was unlawful. One critical issue was that under section 6 of the Human Rights Act 1998, it is unlawful for a public authority to act in a way that is incompatible with a right under the ECHR – and the Secretary of State is a public authority for that purpose.

During the reign of Elizabeth I the ecclesial and legal ‘revolution’ under Henry VIII, to establish in England a national church under the royal supremacy, was converted into a ‘settlement’. It steered a course between radical puritans and recusant Catholics. Clothed in legal propriety, this settlement was articulated both juristically and theologically by the great Richard Hooker (d. 1600). After the return to Rome under Mary, the Elizabethan Acts of Parliament re-established the English Church, revived legislation made under Henry VIII and Edward VI, and imposed uniformity in worship. The period also sees the use of ‘soft-law’, like Articles, Admonitions, and Advertisements. Parliament rejects the Reformatio Legum Ecclesiasticarum in 1571, but Canons were passed piecemeal in 1571, 1575, 1585, and 1598. The turn of the Welsh Tudors to rule ended in 1603. The Scottish Stuarts came next. The reign of James I (1603–1625) saw bitter dispute between the King and the common lawyers over the royal supremacy in matters ecclesiastical. But there was one lasting legal landmark: the Canons Ecclesiastical 1603/4. This new code was studied theologically by a contemporary cleric, Francis Mason. Whilst several notable civilians from that time have become well-known – such as John Cowell (d. 1611), Daniel Dun (d. 1617), Clement Colmore (d. 1619), and Thomas Ridley (d. 1629), Francis Mason is largely unknown. However, he is very worthy of inclusion in the canon of Anglican priest-jurists. What follows sketches the life and career of Mason, outlines his treatise on the Canons, and discusses that treatise in a wider context, including comparing it with a similar work by Bishop Edward Stillngfleet (d. 1699).

The first item of business at the February group of sessions was to revive the General Synod (Remote Meetings) (Temporary Standings Orders) Measure 2020, which enabled Synod to conduct hybrid meetings. Previously in operation during the COVID-19 pandemic, the standing order had lapsed and was brought back into operation until 5 February 2026.

The Governing Body of the Church in Wales met twice in 2023, at Venue Cymru in Llandudno on 19–20 April and at the International Conference Centre in Newport on 5–6 September.

The Church of Ireland General Synod had been held online in 2021 and in person in 2022. This year – the third meeting of the triennium – the first two days were held in Clayton White's Hotel, Wexford (Friday 12 May and Saturday 13 May) with day 3 taking place remotely on the evening of Tuesday 16 May. (Another evening, Thursday 18 May, had also been set aside for meeting but this was not required.)

The General Synod of the Scottish Episcopal Church (SEC) met from 7 to 9 June 2023. The meeting was held in hybrid format, with most members attending in person and a small number online.