Wrong way go back! Rediscovering the path for charity law reform


Autoria(s): Turnour, Matthew D.; McGregor-Lowndes, Myles
Data(s)

2012

Resumo

Problems with charity law jurisprudence persist. The difficulties arose in the 20th century and are fundamental to the way the doctrine is presently theorised. They grew out of the approach taken in Pemsel’s Case to the categorisation of the ‘spirit and intendment’ of the Preamble to the Statute of Charitable Uses. Recent statutory reforms, such as the Charities Act 2006 (Eng&W), have compounded the underlying problems rather than resolving them. This paper aims to stimulate thinking about a new foundation for charity jurisprudence – while the approach may seem radical, the paper argues that these new foundations can be discerned underlying the current jurisprudence. The difficulties can be overcome by rediscovering the underlying jurisprudence which is disregarded in the current approach to categorisation. Giving voice, in contemporary language, to that foundational jurisprudence, this paper provides a way out of the current problems. It also provides an alternative way of conceptualising the doctrine of charitable purpose to guide reform.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/56361/

Publicador

UNSW Faculty of Law

Relação

http://eprints.qut.edu.au/56361/10/56361.pdf

Turnour, Matthew D. & McGregor-Lowndes, Myles (2012) Wrong way go back! Rediscovering the path for charity law reform. The University of New South Wales Law Journal, 35(3), pp. 810-845.

Direitos

Copyright 2012 University of New South Wales Law Faculty

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Fonte

Australian Centre for Philanthropy and Nonprofit Studies; QUT Business School; School of Accountancy

Palavras-Chave #150000 COMMERCE MANAGEMENT TOURISM AND SERVICES #Charities #Charity #charitable purpose #Pemsel Preamble #Statute of Elizabeth
Tipo

Journal Article