Matthew Harding's Charity Law and the Liberal State PDF

By Matthew Harding

ISBN-10: 1107022339

ISBN-13: 9781107022331

Charity legislations and the Liberal kingdom considers questions in terms of nation motion and public discourse which are raised via the legislation of charity. trained by way of liberal philosophical commitments and of curiosity to either charity legal professionals and political philosophers, it addresses subject matters and subject matters resembling: the justifiability of the state's non-neutral advertising of charitable reasons; the position of altruism in charity legislation; charity legislation, the tax method and the calls for of distributive justice; the right kind remedy of spiritual and political reasons in charity legislation; and the perfect reaction of the liberal kingdom to discrimination within the pursuit of charitable reasons.

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60 A similar view was expressed in Joyce v. Ashfield Municipal Council, an Australian case about whether or not a hall used for private worship services was used for charitable purposes; for the New South Wales Court of Appeal, the worship services, although conducted 56 57 58 59 60 rule against political purposes. For a detailed discussion of that aspect of the case, see Chapter 6. Ibid, [46]–[47] (French CJ, Gummow, Hayne, Crennan and Bell JJ). Arguably, Liberty Trust v. Charity Commission [2011] NZHC 577 (Mallon J) was such a case.

Crystal Palace Trustees v. Minister of Town and Country Planning [1951] Ch 132 (Danckwerts J). 2. the criteria of charity law 25 political expression,78 improved moral standards,79 and the rule of law80 in making findings of benefit, and – with one possible exception – they have nowhere suggested that a single currency or measure of value might animate or underpin these ostensibly diverse goods. 81 The House of Lords found that, in the circumstances of the case, the former benefit was far outweighed by the latter benefits and potential detriments, and on that basis refused to make a finding that the purposes of the antivivisection society were of public benefit.

136 In Australia, the class of organisations that qualifies for these indirect tax privileges overlaps with, but is not the same as, the class of organisations with charitable purposes. In Canada, New Zealand and especially the United States, the qualifying class is wider than those with charitable purposes. In the United Kingdom, it is restricted to those with charitable purposes. It must therefore be said that, except in the United Kingdom, the rules of the tax law extending indirect tax privileges to those with charitable purposes are strictly speaking not part of charity law; they do not employ the category of ‘charity’ in the legal sense, utilising instead overlapping or broader categories.

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Charity Law and the Liberal State by Matthew Harding


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