Ecclesiastical Law Journal

Volume 21

2019

PUBLISHED BY CAMBRIDGE UNIVERSITY PRESS ON BEHALF OF THE ECCLESIASTICAL LAW SOCIETY Downloaded from https://www.cambridge.org/core. IP address: 170.106.33.14, on 26 Sep 2021 at 04:48:54, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X19000930 Consolidated List of Contents for Volume 21

EDITORIAL Will Adam 1, 135, 265

ARTICLES Archdeacons and the Law Jane Steen 2 The Convocations of Canterbury and York Sion Hughes Carew 19 Richard Hooker: Invention and Re-invention Diarmaid MacCulloch 137 The Church of England and Same-Sex Marriage: Beyond a Rights-Based Analysis Charlotte Smith 153

The Constitutional Implications of the Survival of the Diocese of Sodor and Man Peter W Edge 179 Advowsons and Private Patronage Teresa Sutton 267 Women’s Ordination in the Church of England: Conscience, Change and Law Jane Steen 289 Self-Government Without Disestablishment: From the Enabling Act to the General Synod Colin Podmore 312 Establishment: Some Theological Considerations Malcolm Brown 329

COMMENT Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend Kaushik Paul 48 Gospel and Order in the Rule of St Benedict Norman Boakes 196 The Council of Europe and Sharia: An Unsatisfactory Resolution? Russell Sandberg and Frank Cranmer 203

REDISCOVERING ANGLICAN PRIEST-JURISTS: I Robert Owen (1820–1902) Norman Doe 54

CONFERENCE REPORTS Living Together in Diversity: Strategies from Law and Religion Mark Hill QC 69

G20 Interfaith Forum Mark Hill QC 70 Christian Law Panel of Experts Robert Ombres OP 356 Ecclesiastical Law Society Conference: ‘Church and State in the Twenty-First Century’ Frances Godden 357

GOVERNMENT AND PARLIAMENTARY REPORTS Frank Cranmer 72, 213, 359

SYNOD REPORTS General Assembly of the Church of Scotland Jason Lingiah 79 Governing Body of the Church in Wales Lynette Chandler 82 General Synod of the Church of Ireland Kate Turner 85 General Synod of the Scottish Episcopal Church John F Stuart 88 General Synod of the Church of England Stephen Slack 221

BOOK REVIEWS Religion, State and the United Nations: Value Politics, edited by Anne Stensvold Review by Paul Coleman 91 Theology Reforming Society: Revisiting Anglican Social Theology, edited by Stephen Spencer Review by John Gladwin 92

Downloaded from https://www.cambridge.org/core. IP address: 170.106.33.14, on 26 Sep 2021 at 04:48:54, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X19000930 Constitutionalism, Democracy and Religious Freedom: To Be Fully Human, by Hans-Martien ten Napel Review by Patrick Nash 94 Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West, by Michael J Broyde Review by Brigitte Clark 96 Coercion and Responsibility in Islam: A Study in Ethics and Law, by Mairaj U Sayed Review by Christopher Grout 99 Ecclesiastical Law (fourth edition), by Mark Hill Atkin’s Encyclopaedia of Court Forms, vol 18 (second edition, 2018 issue): Ecclesiastical Law and Equitable Remedies Review by David Harte 102

Collective Worship and Religious Observance in Schools, edited by Peter Cumper and Alison Mawhinney Review by Richard Lindley 104 Christianity and Natural Law: An Introduction, edited by Norman Doe Review by Mark Langham 225 Communities of Restoration: Ecclesial Ethics and Restorative Justice, by Thomas Noakes-Duncan Review by Christopher Hill 227 Agape, Justice, and Law: How Might Christian Love Shape Law?, edited by Robert F Cochran Jr and Zachary R Calo., Law, Religion and Love: Seeking Ecumenical Justice for the Other, edited by Paul Babie and Vanja-Ivan Savic Review by David Turner QC 229 Religion, Law and the Constitution: Balancing Beliefs in Britain, by Javier Garc´ıa Oliva and Helen Hall Review by Matthew Gibson 233 Litigating Religions: An Essay on Human Rights, Courts, and Beliefs, by Christopher McCrudden Review by James Gould 236 The Rise and Fall of the English Christendom: Theocracy, Christology, Order, and Power, by Bruce Kaye Review by Peter Sedgwick 239 The Architecture of Law: Rebuilding Law in the Classical Tradition, by Brian M McCall Review by Mark Langham 241

Downloaded from https://www.cambridge.org/core. IP address: 170.106.33.14, on 26 Sep 2021 at 04:48:54, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X19000930 Oikonomia, Divorce and Remarriage in the Eastern Orthodox Tradition, by Kevin Schembri Review by W Becket Soule OP 364 International Law and Religion: Historical and Contemporary Perspectives, edited by Martti Koskenniemi, Mo´nica Garc´ıa-Salmones Rovira and Paolo Amorosa Review by Sir James Dingemans 366 Legitimacy Gap: Secularism, Religion, and Culture in Comparative Constitutional Law, by Vincent Depaigne Review by Peter Jones 367 The Oxford Handbook of Ecclesiology, edited by Paul Avis Review by Christopher Lewis 369

Religious Exemptions, edited by Kevin Vallier and Michael Weber Review by R M Morris 371 State and Religion: Re-Assessing a Mutual Relationship, by Sophie van Bijsterveld Review by Patrick Nash 373 Research Handbook on Law and Religion, edited by Rex Ahdar Review by Craig Allen 375

CASE NOTES Edited by Ruth Arlow 107, 244, 378

Ecclesiastical Law Journal Ecclesiastical Law Journal

Editor Will Adam The Ecclesiastical Law Journal is published by the House, Whiteknights Road, Reading, RG6 7BA; Consultant Editor Mark Hill QC Ecclesiastical Law Society. The views expressed in Tel 0118 378 5410; E-mail: [email protected] Book Review Editor David Harte any article, comment, review or other publications in this Journal do not necessarily accord with those Case Notes Editor Ruth Arlow Case Notes of the Editor, the Editorial Board, or the Society Matters relating to case notes should be addressed to: Parliament & Synod Editor Frank Cranmer as a whole. David Willink, Ecclesiastical Law Journal, Lamb Submission of Articles and Comment Chambers, Lamb Building, Temple, London, EDITORIAL BOARD The Ecclesiastical Law Journal covers all aspects of EC4Y 7AS; Tel 020 7797 8300; Garth Blake SC Professional Standards Commission, Anglican Church of Australia ecclesiastical law, with a particular emphasis on the E-mail: [email protected] Professor Ana María Celis Brunet Catholic University of Chile, Santiago legal regulation of the Church of England and the worldwide Anglican Communion. Its range of Professor Norman Doe Centre for Law and Religion, Cardiff University Parliamentary Report and Synod Reports coverage also includes comparative studies of the Matters relating to synod reports and parliamentary Professor Silvio Ferrari University of Milan laws of other faiths and of the interface between law activities should be addressed to: Frank Cranmer, The Right Worshipful Charles George QC Dean of the Arches, London and religion in United Kingdom jurisprudence and 34 Marsham Court, Marsham Street, London SW1P Professor Richard Helmholz University of Chicago worldwide. General policy is developed by the Editor 4JY; Tel 07774 981988; Sir John Laws Sometime Lord Justice of Appeal, London in collaboration with the Editorial Board. E-mail: [email protected] The Ecclesiastical Law Journal is peer reviewed and Professor Douglas Laycock University of Virginia School of Law operates an anonymous double blind refereeing Ecclesiastical Law Society Professor Ian Leigh Department of Law, Durham University process using members of the Editorial Board Inquiries with regard to membership of the Professor David McClean QC Sometime Chancellor of the Diocese of Sheffield together with others expert in the particular field Ecclesiastical Law Society, should be addressed to: Professor Javier Martínez-Torrón Complutense University, Madrid concerned. Authors should therefore take care not to Andrew Male, Administrator, Ecclesiastical Law Dr Robert Ombres OP Blackfriars Hall, University of Oxford identify themselves within the text of the manuscript Society, c/o 1 The Sanctuary, Westminster, London which they submit. Articles should generally be Professor Julian Rivers School of Law, University of Bristol SW1P 3JT; Tel 020 7222 5381. E-mail: admin@ between 5,000 and 7,000 words and Comment ecclawsoc.org.uk; www.ecclawsoc.org.uk Professor Dr Gerhard Robbers University of Trier pieces should not exceed 2,000 words. All Stephen Slack Registrar and Chief Legal Adviser to the General Synod submissions should be made to the Editor. Inquiries and matters relating to the educational Professor Marco Ventura Catholic University of Leuven General inquiries and articles submitted for function of the Society should be addressed to The publication should be addressed to Dr Will Adam, Professor John Witte Jr Center for the Study of Law and Religion, Emory University, Atlanta Venerable Simon Baker, 10 Mawgan Drive, Lichfield, Lambeth Palace, London, SE1 7JU; WS14 9SD. 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Contents 265 editorial Ecclesiastical Will Adam

articles 267 Advowsons and Private Patronage Law Journal Teresa Sutton

289 Women’s Ordination in the Church of England: Conscience, Change Ecclesiastical Law Journal and Law Jane Steen 312 Self-Government Without Disestablishment: From the Enabling Act to the General Synod Colin Podmore 329 Establishment: Some Theological Considerations Malcolm Brown

comment 342 The Transferable Vote: A Hundred Years of Anglican Experience Colin Buchanan

conference reports 356 Christian Law Panel of Experts Robert Ombres OP 357 Ecclesiastical Law Society Conference: ‘Church and State in the Twenty-First Century’ Frances Godden

359 government and parliamentary report 364 book reviews 378 case notes

published by cambridge university press on behalf of the ecclesiastical law society Downloaded from https://www.cambridge.org/core. IP address: 170.106.33.14, on 26 Sep 2021 at 04:48:54, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0956618X19000930