กฎหมายคริสตจักร
กฎหมายคริสตจักรแห่งอังกฤษ เขตอำนาจศาลคณะ ศาลคริสตจักร และเสรีภาพทางศาสนา
บทนำ
Ecclesiastical law is a distinct body of law governing the Church of England and its relationship with the state. As the established church, the Church of England has a unique legal status — its law is part of the law of England. Church legislation (Measures) passed by the General Synod and approved by Parliament have the same force as Acts of Parliament. The faculty jurisdiction governs alterations to churches and churchyards. Ecclesiastical courts (the Consistory Court, the Court of Arches, and the Court of Ecclesiastical Causes Reserved) deal with disputes within the Church. Clergy discipline is governed by the Clergy Discipline Measure 2003.
หลักการพื้นฐาน
Establishment — The Church of England is the established church of England. The Sovereign is the Supreme Governor. Senior bishops sit in the House of Lords (the Lords Spiritual). Church Measures, approved by the General Synod and Parliament, have the force of statute.
Faculty Jurisdiction — Any alteration to the fabric, ornaments, or furniture of a Church of England church, or any works in the churchyard, requires a faculty (permission) from the Consistory Court of the diocese. This applies to listed and unlisted churches alike and is the ecclesiastical equivalent of planning permission.
Ecclesiastical Courts — The Consistory Court (presided over by the Chancellor of the diocese) is the primary court. Appeals go to the Court of Arches (Canterbury province) or the Chancery Court of York. The Court of Ecclesiastical Causes Reserved hears cases involving doctrine, ritual, or ceremonial.
Clergy Discipline — The Clergy Discipline Measure 2003 provides for complaints against clergy for misconduct. A tribunal may impose penalties including prohibition from ministry, removal from office, or deposition from Holy Orders.
Marriage — Church of England clergy have a legal duty to marry parishioners by banns or common licence. The Marriage Act 1949 and Ecclesiastical Licences Act 1533 govern the process.
Burial Rights — Parishioners have a common law right to be buried in their parish churchyard (subject to capacity). The right extends to persons on the electoral roll of the parish.
Religious Freedom — Article 9 ECHR protects freedom of thought, conscience, and religion. The Equality Act 2010 prohibits discrimination on grounds of religion or belief but contains exemptions for organised religion.
Church Property — Church of England church buildings are generally Grade I or II* listed. The Church has an exemption from secular listed building consent under the 'ecclesiastical exemption', provided it operates its own approved system of control (the faculty jurisdiction).
กฎหมายสำคัญ
Ecclesiastical Jurisdiction and Care of Churches Measure 2018
Clergy Discipline Measure 2003
Marriage Act 1949
คดีชี้นำ
Aston Cantlow PCC v Wallbank
[2003] UKHL 37
Re St Luke the Evangelist, Maidstone
[1995] Fam 1
สถานการณ์ทั่วไป
Church wants to install a toilet and kitchen
Any alteration to a Church of England church requires a faculty from the Consistory Court. The PCC must apply through the online faculty system, consult the Diocesan Advisory Committee, and give public notice. If unopposed, the Chancellor may grant the faculty on paper. If opposed, a hearing may be necessary.
Complaint against a vicar for misconduct
Under the Clergy Discipline Measure 2003, a complaint is made to the bishop. The bishop appoints a designated officer to assess the complaint. If it proceeds, a tribunal hearing may follow. Possible penalties range from a rebuke to deposition from Holy Orders.