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Frank Cranmer

Cardiff University, Centre for Law & Religion, Adjunct

University of Durham, St Chad's College, Fellow

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MA (Dunelm) LLM (Wales) STh (Lambeth). Fellow, St Chad's College, Durham: hon. Research Fellow, Centre for Law & Religion, Cardiff School of Law & Politics: Secretary of the Churches' Legislation Advisory Service: increasingly crabby old git.

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Papers by Frank Cranmer

The Council of Europe and Sharia: An Unsatisfactory Resolution?

Ecclesiastical Law Journal, 2019

On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolu... more On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolution 2253: Sharia, the Cairo Declaration and the European Convention on Human Rights. The Resolution begins – on an uncontroversial note – by reiterating ‘the obligation on member States to protect the right to freedom of thought, conscience and religion as enshrined in Article 9 of the European Convention on Human Rights … which represents one of the foundations of a democratic society’. It then goes on, however, to recall that the Assembly ‘has on several occasions underlined its support for the principle of the separation of State and religion, as one of the pillars of a democratic society’. This statement is not entirely non-contentious: it ignores the situation in several Member States of the Council of Europe and is based more on notions of laÿcitÕ than on the observable facts in countries such as England, Denmark, Finland and Norway that have state Churches. Unfortunately, this si...

Strasbourg, Russia and the Right to Same-Sex Marriage

Ecclesiastical Law Journal

The issue of lack of legal recognition for same-sex partnerships has come before the European Cou... more

Religion and Law

Christian concept of the common good, he argues, offers a more compelling framework for addressin... more Christian concept of the common good, he argues, offers a more compelling framework for addressing issues of conscience. Jacqueline Laing traces the natural law tradition through the classical and medieval periods and defends it against Bentham's charge that the natural law and therefore also natural rights are "nonsense upon stilts". She argues that it is the idea of the natural law that undergirds human rights with its concern for universal and timeless values. Laing contends that if we want to hold on to the idea that certain activities and actions are timelessly unjust, whether genocide, child abuse, rape, or slavery, then we have to jettison our view that both morality and law in its fullest sense, i.e. that which binds the human conscience, are mere human constructs or social conventions. Charlotte Smith highlights one of the most ancient and venerable interfaces between religion and law, namely the question of establishment. Reflecting on the English example, she defines establishment or, rather, points out how fluid that definition is, and then outlines the various justifications for its English form. Some of these, she recognises, are no longer tenable but others, in particular the argument that establishment signals that there is a place for religious faith, in all its forms, in public life (increasingly needed in the face of aggressive secularism), remain persuasive-at least for now. Julian Rivers asks whether English law is Christian and answers with a careful 'yes and no' , depending on how one reads the question. If being Christian means directly defending Christianity or promoting the church, the answer, he shows, is no, and has effectively been no for over a century. If, however, it means being consistent with a Christian view of the proper purpose and content of secular law, then it is broadly Christian-although, as Rivers concludes, we cannot assume it will always remain so. Finally, David McIlroy systematically dismantles the idea that law is amoral , without foundation in the ethical universe that we all inhabit. We need, instead, he argues, to see it clearly for what it is, a 'branch' or 'sub-category' of morality. This does not mean we should equate law with morality. But because law is a reflection of our substantive, shared moral commitments, we should be more willing to debate, seriously and in a sustained way, what those moral commitments are, and how far they are shared. 10 Kesh (uncut hair), the kangha (a wooden comb), the kara (a metal bracelet), the kachera (cotton undershorts tied with a drawstring) and the kirpan.

October 2017–January 2018

Ecclesiastical Law Journal, 2018

In November, the Charity Commission for England and Wales, the Charity Commission for Northern Ir... more In November, the Charity Commission for England and Wales, the Charity Commission for Northern Ireland and the Office of the Scottish Charity Regulator issued a joint publication, ‘Reporting of relevant matters of interest to UK charity regulators’, urging auditors and independent examiners to be more proactive about reporting concerns that may arise during their examination of charity accounts. This is in addition to the guidance on matters of material significance that must be reported as a legal duty: the new publication provides examples of the matters that may be reported to the charity regulators if an auditor or independent examiner has any cause for concern. The regulators’ basic message is, ‘If in doubt, report it’.

Parliamentary Report

Ecclesiastical Law Journal, 2014

October 2019–January 2020

Ecclesiastical Law Journal, 2020

The Supreme Court ruled unanimously in the conjoined cases of Miller and Cherry that the advice g... more The Supreme Court ruled unanimously in the conjoined cases of Miller and Cherry that the advice given by the Prime Minister to Her Majesty that Parliament should be prorogued from a date between 9 and 12 September until 14 October was unlawful, and that the resulting Order in Council and the prorogation itself were also unlawful, void and of no effect – so it was back to the constitutional drawing-board. Parliament was subsequently prorogued from 8 to 14 October, sat until 5 November and was dissolved at 00.01 am on the following day.

Parliamentary Report

Ecclesiastical Law Journal, 2006

Parliamentary Report

Ecclesiastical Law Journal, 2015

In the Parliamentary report for February to May I wrote that Lord Falconer's Assisted Dying B... more In the Parliamentary report for February to May I wrote that Lord Falconer's Assisted Dying Bill, reintroduced under the new ballot procedure for private Peers' bills, had little chance of becoming law in the current session. As it turned out, that judgment was a little premature, because Rob Marris came first in the Commons ballot for private Members' bills and decided to introduce an Assisted Dying (No 2) Bill in similar terms to Lord Falconer's. In the event, however, when his Bill had its second reading debate on 11 September – the first occasion on which the Commons had had an opportunity to debate the matter since 1997 – it was decisively defeated, by 330 votes to 118.

June–September 2020

Ecclesiastical Law Journal, 2021

CORONAVIRUS/COVID-19 AND RELIGION My report for February-May began with the fateful words 'Much o... more CORONAVIRUS/COVID-19 AND RELIGION My report for February-May began with the fateful words 'Much of the period under review was dominated by the impact of the coronavirus (COVID-19) pandemic.' Since then, nothing has changed and, by the end of September, the UK was experiencing a second spike in infections, as the rate of new infections rose from a low of 367 on 12 July to over 4,000 on 28 Septemberby which time there had been almost 42,000 deaths. By the end of the period under review, the four governments had produced over 400 statutory instruments relating to COVID-19 and the situation was changing literally from week to week. The response of the Churches is too complex and detailed to summarise here. However, at its (socially distanced) meeting in September, the General Synod of the Church of England approved the General Synod (Remote Meetings) Measure, which was taken through all its Synod legislative stages in a day and, as it says on the tin, would amend Synod's standing orders to allow remote meetings. Once agreed by both Houses of Parliament it will come into force on Royal Assent. CHANNEL ISLANDS MEASURE 2020 The Channel Islands Measure 2020 was given Royal Assent on 22 July. It empowers Her Majesty to move Jersey and Guernsey from the Diocese of Winchester to the Diocese of Salisbury and makes minor and consequential amendments to other legislation. The Explanatory Note to General Synod paper GS 2152X states that it also makes new provision to simplify the process for applying existing Measures to the Channel Islands.

The Big Society: a socio-theological perspective

The response of the Churches to the Government’s espousal of The Big Society has been somewhat gu... more The response of the Churches to the Government’s espousal of The Big Society has been somewhat guarded. The fear is that it may simply be an attempt to shift responsibility for social care from government to civil society. While the Churches (and the Abrahamic faiths generally) set great store by community and mutual obligation, there remains an unresolved tension between social action and the need to act in accordance with theological principle – as the Catholic Care case demonstrates. The problem is ultimately one of clashing rights.

El impacto de la pandemia de COVID-19 en la práctica religiosa en Reino Unido

COVID-19 y libertad religiosa, 2021, ISBN 978-84-9890-398-0, págs. 241-278, 2021

Appendix: non-statutory courts and tribunals (consent to jurisdiction) bill

Of Presbyters and Kings

Leading Works in Law and Religion, 2018

Regulating religious diversification: a legal perspective

Radical Transformations in Minority Religions, 2021

This chapter explores how English and Scots law deal with New Religious Movements and religious s... more This chapter explores how English and Scots law deal with New Religious Movements and religious schisms within them and within more traditional religions. It contends that, although the law in both jurisdictions is supposed to protect a right to manifest religion or belief in any form, in reality the courts are at times reluctant to recognise new forms of religiosity or doctrinal developments. In particular, although legal provisions are protected as individual rights, the courts readily assume a direct link between creedal belief and behaviour, failing to protect those who profess membership of a religion but adhere to a personalised interpretation of that religion and so feel themselves to be bound to manifestations that are not common within that religion as a whole.

Human Rights in Action. Assessing the Positive Impact of the Human Rights Act 1998 in the UK

SSRN Electronic Journal, 2021

When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (H... more When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (HRiA) team were reassured, on the one hand, to see that its overriding mission would be to consider how the Human Rights Act (HRA) is working in practice and whether any change is needed. But on the other hand, we were concerned, first by the fact that the IHRAR’s “terms of reference frame[d] the review against a politically polarised backdrop - concerning how it allegedly allows the judiciary to usurp the power of the executive for instance” and, secondly, by the fact that the terms of reference “fail to ask the cardinal question of whether the HRA has effectively protected individual rights in the UK”. As academic human rights experts who have observed, analysed and, in collaboration with others, worked to promote – through our scholarship, teaching and public engagement activity – the indisputable positive influence of the HRA in protecting human rights in the UK, we were strongly motivated to join forces, with the ambition of providing comprehensive, evidence-based responses to the key questions being asked by the IHRAR. The HRiA project reflects, and is the mechanism that allows us to pursue, this ambition. In the context of this project, the HRiA team invited some of the foremost human rights experts in their fields to answer the fundamental question of how the HRA has shaped UK law and UK courts over the last two decades, and to consider the questions that the IHRAR asked in its call for evidence. The HRiA submission to the IHRAR comprises 20 contributions by 26 experts which provide answers to some of the IHRAR’s central questions, while taking particular care to highlight the continuous positive impact of the HRA in human rights protection in the UK. The individual expert contributions are reproduced in their entirety in this submission, and we are submitting them to the IHRAR with the hope that they will inform its work. We feel that, read together, they highlight the significant value of the HRA to the lives of everyone in the UK. Taking into account that this report is not a submission from a single author but a product created by a group of independent experts, we have exceeded the suggested maximum word count for a single submission. We have made all of the contributions from the HRiA project available on our website, which we will continue to update with new contributions in the future. In addition to informing the IHRAR’s work, we remain committed to engaging with the wider public to show the positive impact of the HRA and alerting them to the risks inherent in the potential undermining of its key protections.

The Right to Freedom of Thought in the United Kingdom

European Journal of Comparative Law and Governance, 2021

The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thoug... more The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.

Educação e símbolos religiosos no Reino Unido e na Itália: uniformidade ou subsidiariedade?

A&C - Revista de Direito Administrativo & Constitucional, 2020

A discussão sobre a exibição de símbolos religiosos em escolas questiona até que ponto eles podem... more A discussão sobre a exibição de símbolos religiosos em escolas questiona até que ponto eles podem ter algum efeito prejudicial sobre menores impressionáveis. Contudo, seu aspecto mais importante diz respeito ao debate sobre o lugar da religião na sociedade: tanto o grau em que preferências religiosas pessoais deveriam ser acomodadas quanto o grau em que democracias liberais podem legitimamente demonstrar qualquer caráter religioso – e ambos são fundamentais para a questão da coesão social.

Recognition of same-sex marriage in Northern Ireland: Re X

Journal of Social Welfare and Family Law, 2020

Judicial Review and Church Courts in the Law of Scotland

The Denning Law Journal, 2012

JUDICIAL REVIEW AND CHURCH COURTS IN THE LAW OF SCOTLAND

Can Secular Non-Natural Persons be Said to Have a ‘Conscience’?

Religious Beliefs and Conscientious Exemptions in a Liberal State, 2019

The concept of the ‘non-natural person’ spans an enormously wide range of institutions—from two-p... more The concept of the ‘non-natural person’ spans an enormously wide range of institutions—from two-person limited liability partnerships and very small companies to major corporations. I look at some of the recent cases that have considered issues of conscience in relation to commercial activities and I suggest that the courts seem to be more willing than hitherto to give a degree of consideration to the issue of ‘conscience’ as a legitimate element in the operating decisions of the owners and directors of very small companies and partnerships. But I conclude that the arguments for its extension beyond SMEs are unconvincing.

The Council of Europe and Sharia: An Unsatisfactory Resolution?

Ecclesiastical Law Journal, 2019

On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolu... more On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolution 2253: Sharia, the Cairo Declaration and the European Convention on Human Rights. The Resolution begins – on an uncontroversial note – by reiterating ‘the obligation on member States to protect the right to freedom of thought, conscience and religion as enshrined in Article 9 of the European Convention on Human Rights … which represents one of the foundations of a democratic society’. It then goes on, however, to recall that the Assembly ‘has on several occasions underlined its support for the principle of the separation of State and religion, as one of the pillars of a democratic society’. This statement is not entirely non-contentious: it ignores the situation in several Member States of the Council of Europe and is based more on notions of laÿcitÕ than on the observable facts in countries such as England, Denmark, Finland and Norway that have state Churches. Unfortunately, this si...

Strasbourg, Russia and the Right to Same-Sex Marriage

Ecclesiastical Law Journal

The issue of lack of legal recognition for same-sex partnerships has come before the European Cou... more

Religion and Law

Christian concept of the common good, he argues, offers a more compelling framework for addressin... more Christian concept of the common good, he argues, offers a more compelling framework for addressing issues of conscience. Jacqueline Laing traces the natural law tradition through the classical and medieval periods and defends it against Bentham's charge that the natural law and therefore also natural rights are "nonsense upon stilts". She argues that it is the idea of the natural law that undergirds human rights with its concern for universal and timeless values. Laing contends that if we want to hold on to the idea that certain activities and actions are timelessly unjust, whether genocide, child abuse, rape, or slavery, then we have to jettison our view that both morality and law in its fullest sense, i.e. that which binds the human conscience, are mere human constructs or social conventions. Charlotte Smith highlights one of the most ancient and venerable interfaces between religion and law, namely the question of establishment. Reflecting on the English example, she defines establishment or, rather, points out how fluid that definition is, and then outlines the various justifications for its English form. Some of these, she recognises, are no longer tenable but others, in particular the argument that establishment signals that there is a place for religious faith, in all its forms, in public life (increasingly needed in the face of aggressive secularism), remain persuasive-at least for now. Julian Rivers asks whether English law is Christian and answers with a careful 'yes and no' , depending on how one reads the question. If being Christian means directly defending Christianity or promoting the church, the answer, he shows, is no, and has effectively been no for over a century. If, however, it means being consistent with a Christian view of the proper purpose and content of secular law, then it is broadly Christian-although, as Rivers concludes, we cannot assume it will always remain so. Finally, David McIlroy systematically dismantles the idea that law is amoral , without foundation in the ethical universe that we all inhabit. We need, instead, he argues, to see it clearly for what it is, a 'branch' or 'sub-category' of morality. This does not mean we should equate law with morality. But because law is a reflection of our substantive, shared moral commitments, we should be more willing to debate, seriously and in a sustained way, what those moral commitments are, and how far they are shared. 10 Kesh (uncut hair), the kangha (a wooden comb), the kara (a metal bracelet), the kachera (cotton undershorts tied with a drawstring) and the kirpan.

October 2017–January 2018

Ecclesiastical Law Journal, 2018

In November, the Charity Commission for England and Wales, the Charity Commission for Northern Ir... more In November, the Charity Commission for England and Wales, the Charity Commission for Northern Ireland and the Office of the Scottish Charity Regulator issued a joint publication, ‘Reporting of relevant matters of interest to UK charity regulators’, urging auditors and independent examiners to be more proactive about reporting concerns that may arise during their examination of charity accounts. This is in addition to the guidance on matters of material significance that must be reported as a legal duty: the new publication provides examples of the matters that may be reported to the charity regulators if an auditor or independent examiner has any cause for concern. The regulators’ basic message is, ‘If in doubt, report it’.

Parliamentary Report

Ecclesiastical Law Journal, 2014

October 2019–January 2020

Ecclesiastical Law Journal, 2020

The Supreme Court ruled unanimously in the conjoined cases of Miller and Cherry that the advice g... more The Supreme Court ruled unanimously in the conjoined cases of Miller and Cherry that the advice given by the Prime Minister to Her Majesty that Parliament should be prorogued from a date between 9 and 12 September until 14 October was unlawful, and that the resulting Order in Council and the prorogation itself were also unlawful, void and of no effect – so it was back to the constitutional drawing-board. Parliament was subsequently prorogued from 8 to 14 October, sat until 5 November and was dissolved at 00.01 am on the following day.

Parliamentary Report

Ecclesiastical Law Journal, 2006

Parliamentary Report

Ecclesiastical Law Journal, 2015

In the Parliamentary report for February to May I wrote that Lord Falconer's Assisted Dying B... more In the Parliamentary report for February to May I wrote that Lord Falconer's Assisted Dying Bill, reintroduced under the new ballot procedure for private Peers' bills, had little chance of becoming law in the current session. As it turned out, that judgment was a little premature, because Rob Marris came first in the Commons ballot for private Members' bills and decided to introduce an Assisted Dying (No 2) Bill in similar terms to Lord Falconer's. In the event, however, when his Bill had its second reading debate on 11 September – the first occasion on which the Commons had had an opportunity to debate the matter since 1997 – it was decisively defeated, by 330 votes to 118.

June–September 2020

Ecclesiastical Law Journal, 2021

CORONAVIRUS/COVID-19 AND RELIGION My report for February-May began with the fateful words 'Much o... more CORONAVIRUS/COVID-19 AND RELIGION My report for February-May began with the fateful words 'Much of the period under review was dominated by the impact of the coronavirus (COVID-19) pandemic.' Since then, nothing has changed and, by the end of September, the UK was experiencing a second spike in infections, as the rate of new infections rose from a low of 367 on 12 July to over 4,000 on 28 Septemberby which time there had been almost 42,000 deaths. By the end of the period under review, the four governments had produced over 400 statutory instruments relating to COVID-19 and the situation was changing literally from week to week. The response of the Churches is too complex and detailed to summarise here. However, at its (socially distanced) meeting in September, the General Synod of the Church of England approved the General Synod (Remote Meetings) Measure, which was taken through all its Synod legislative stages in a day and, as it says on the tin, would amend Synod's standing orders to allow remote meetings. Once agreed by both Houses of Parliament it will come into force on Royal Assent. CHANNEL ISLANDS MEASURE 2020 The Channel Islands Measure 2020 was given Royal Assent on 22 July. It empowers Her Majesty to move Jersey and Guernsey from the Diocese of Winchester to the Diocese of Salisbury and makes minor and consequential amendments to other legislation. The Explanatory Note to General Synod paper GS 2152X states that it also makes new provision to simplify the process for applying existing Measures to the Channel Islands.

The Big Society: a socio-theological perspective

The response of the Churches to the Government’s espousal of The Big Society has been somewhat gu... more The response of the Churches to the Government’s espousal of The Big Society has been somewhat guarded. The fear is that it may simply be an attempt to shift responsibility for social care from government to civil society. While the Churches (and the Abrahamic faiths generally) set great store by community and mutual obligation, there remains an unresolved tension between social action and the need to act in accordance with theological principle – as the Catholic Care case demonstrates. The problem is ultimately one of clashing rights.

El impacto de la pandemia de COVID-19 en la práctica religiosa en Reino Unido

COVID-19 y libertad religiosa, 2021, ISBN 978-84-9890-398-0, págs. 241-278, 2021

Appendix: non-statutory courts and tribunals (consent to jurisdiction) bill

Of Presbyters and Kings

Leading Works in Law and Religion, 2018

Regulating religious diversification: a legal perspective

Radical Transformations in Minority Religions, 2021

This chapter explores how English and Scots law deal with New Religious Movements and religious s... more This chapter explores how English and Scots law deal with New Religious Movements and religious schisms within them and within more traditional religions. It contends that, although the law in both jurisdictions is supposed to protect a right to manifest religion or belief in any form, in reality the courts are at times reluctant to recognise new forms of religiosity or doctrinal developments. In particular, although legal provisions are protected as individual rights, the courts readily assume a direct link between creedal belief and behaviour, failing to protect those who profess membership of a religion but adhere to a personalised interpretation of that religion and so feel themselves to be bound to manifestations that are not common within that religion as a whole.

Human Rights in Action. Assessing the Positive Impact of the Human Rights Act 1998 in the UK

SSRN Electronic Journal, 2021

When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (H... more When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (HRiA) team were reassured, on the one hand, to see that its overriding mission would be to consider how the Human Rights Act (HRA) is working in practice and whether any change is needed. But on the other hand, we were concerned, first by the fact that the IHRAR’s “terms of reference frame[d] the review against a politically polarised backdrop - concerning how it allegedly allows the judiciary to usurp the power of the executive for instance” and, secondly, by the fact that the terms of reference “fail to ask the cardinal question of whether the HRA has effectively protected individual rights in the UK”. As academic human rights experts who have observed, analysed and, in collaboration with others, worked to promote – through our scholarship, teaching and public engagement activity – the indisputable positive influence of the HRA in protecting human rights in the UK, we were strongly motivated to join forces, with the ambition of providing comprehensive, evidence-based responses to the key questions being asked by the IHRAR. The HRiA project reflects, and is the mechanism that allows us to pursue, this ambition. In the context of this project, the HRiA team invited some of the foremost human rights experts in their fields to answer the fundamental question of how the HRA has shaped UK law and UK courts over the last two decades, and to consider the questions that the IHRAR asked in its call for evidence. The HRiA submission to the IHRAR comprises 20 contributions by 26 experts which provide answers to some of the IHRAR’s central questions, while taking particular care to highlight the continuous positive impact of the HRA in human rights protection in the UK. The individual expert contributions are reproduced in their entirety in this submission, and we are submitting them to the IHRAR with the hope that they will inform its work. We feel that, read together, they highlight the significant value of the HRA to the lives of everyone in the UK. Taking into account that this report is not a submission from a single author but a product created by a group of independent experts, we have exceeded the suggested maximum word count for a single submission. We have made all of the contributions from the HRiA project available on our website, which we will continue to update with new contributions in the future. In addition to informing the IHRAR’s work, we remain committed to engaging with the wider public to show the positive impact of the HRA and alerting them to the risks inherent in the potential undermining of its key protections.

The Right to Freedom of Thought in the United Kingdom

European Journal of Comparative Law and Governance, 2021

The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thoug... more The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.

Educação e símbolos religiosos no Reino Unido e na Itália: uniformidade ou subsidiariedade?

A&C - Revista de Direito Administrativo & Constitucional, 2020

A discussão sobre a exibição de símbolos religiosos em escolas questiona até que ponto eles podem... more A discussão sobre a exibição de símbolos religiosos em escolas questiona até que ponto eles podem ter algum efeito prejudicial sobre menores impressionáveis. Contudo, seu aspecto mais importante diz respeito ao debate sobre o lugar da religião na sociedade: tanto o grau em que preferências religiosas pessoais deveriam ser acomodadas quanto o grau em que democracias liberais podem legitimamente demonstrar qualquer caráter religioso – e ambos são fundamentais para a questão da coesão social.

Recognition of same-sex marriage in Northern Ireland: Re X

Journal of Social Welfare and Family Law, 2020

Judicial Review and Church Courts in the Law of Scotland

The Denning Law Journal, 2012

JUDICIAL REVIEW AND CHURCH COURTS IN THE LAW OF SCOTLAND

Can Secular Non-Natural Persons be Said to Have a ‘Conscience’?

Religious Beliefs and Conscientious Exemptions in a Liberal State, 2019

The concept of the ‘non-natural person’ spans an enormously wide range of institutions—from two-p... more The concept of the ‘non-natural person’ spans an enormously wide range of institutions—from two-person limited liability partnerships and very small companies to major corporations. I look at some of the recent cases that have considered issues of conscience in relation to commercial activities and I suggest that the courts seem to be more willing than hitherto to give a degree of consideration to the issue of ‘conscience’ as a legitimate element in the operating decisions of the owners and directors of very small companies and partnerships. But I conclude that the arguments for its extension beyond SMEs are unconvincing.

Objeción de Conciencia al Aborto en el Reino Unido

Revista General De Derecho Canonico Y Derecho Eclesiastico Del Estado, 2010

Religious Toleration Governance and the CofE

A Cook's Tour of the growth of Toleration from the Reformation to the 20th century, with some tho... more

Some recent developments in the law on religion and employment (2017: Glasgow Law School Humanist Studies Hub and Law Reform and Public Policy Group)

Review of religion and employment cases so far in 2017.

The Welsh Churches and constitutional development (2015: Bishopthorpe)

The secularisation of law (2014: Cardiff)

Anglicanism and National Identities (2009: Montpellier)

The question of national identities in relation to the four Anglican Churches in the UK is a diff... more The question of national identities in relation to the four Anglican Churches in the UK is a difficult one, for various reasons: each church has a different history; all four churches are part of the wider Anglican Communion; and in purely secular terms, the whole issue of ‘national identities’ within the United Kingdom as a whole is itself both confused and confusing. The paper attempts to explore some of the resulting tensions.

Quaker organisation in the UK: a note (2007: Interfaith Legal Advisers' Network)

Quaker marriage law: a note (2008: Interfaith Legal Advisers' Network)

Law and religion in the UK: recent developments (2007: Law & Religion Scholars Network)

Introduction Matters of law and religion (or, at any rate, matters of law, morals and religion) s... more Introduction Matters of law and religion (or, at any rate, matters of law, morals and religion) seem to have been climbing up the political agenda at an alarming rate over the past four or five years. What follows is an attempt to look at some of the main issues that have surfaced recently which are likely to have the most direct impact on faith communities as faith communities. But there are other areas – such as changes in tax rates and changes in the planning and listed building regimes – that will have particular effects on faith communities in their capacity as charities.

The Schools Adjudicator and Religion (2009: Law & Religion Scholars Network)

Examines some of the determinations by schools adjudicators in relation to faith-schools.

The Europeanization of Church Law and the Common Law on Religion in the EU (2007: Berlinga Seminar, Stockholm)

Advancement of religion and public benefit: a brief critique (2008: Law & Religion Scholars Network)

Critique of the draft Guidance on the advancement of religion and public benefit produced by the ... more

Aston Cantlow and Percy - changing status by degrees (2006: Foundation of St Katharine)

Thoughts on the constitutional position of the Church of England and the Church of Scotland in li... more

Churchyard Regulations 2000 - Church in Wales

Bath Abbey Decision on Leave to Appeal 01 03 18

Decision by the Court of Arches to refuse leave to appeal application by the Victorian Society in... more

The Autonomy of Religious Organisations: UK & Europe (2018: Cardiff LLM)

A discussion of the extent to which religious organisations have autonomy under the terms of dome... more

Scott v Stevenson & Reid Ltd [2017] 82/15 FET 2577/15

Decision of the Fair Employment Tribunal, Northern Ireland

Marriage law in England and Wales: is there a case for reform? Submission to the Commission's consultation on its 12th Programme of Law Reform (2013)

Argues for the reform of marriage law in England & Wales: in particular, a move to licensing cele... more

Ngewu v Archbishop Makgoba & Ors (EL197/2016, ECD497/2016 [2017] Eastern Cape Local Division, East London Circuit (25 May 2017)

Ganga v Chelmsford Diocesan Board of Finance & Anor [2015] ET/3200933/2013

Sharpe v Worcester Diocesan Board of Finance & Anor [2011] ET/1302291/2008

ET judgment.

Canonical systems of regulation and secular law (2013: Cardiff LLM)

Irregular marriage in Scots law (2015: Cardiff LLM)

Wearing a Veil in Britain (2012: Cardiff LLM)

The Stubbs-Maitland controversy: a note (2012: Cardiff LLM)

Can Secular Non-Natural Persons be said to have a 'Conscience'? (2019: from 'Religious Beliefs and Conscientious Exemptions in a Liberal State')

John Adenitire (ed): 'Religious Beliefs and Conscientious Exemptions in a Liberal State' , 2019

The concept of the ‘non-natural person’ spans an enormously wide range of institutions—from two-p... more The concept of the ‘non-natural person’ spans an enormously wide range of institutions—from two-person limited liability partnerships and very small companies to major corporations. I look at some of the recent cases that have considered issues of conscience in relation to commercial activities and I suggest that the courts seem to be more willing than hitherto to give a degree of consideration to the issue of ‘conscience’ as a legitimate element in the operating decisions of the owners and directors of very small companies and partnerships. But I conclude that the arguments for its extension beyond SMEs are unconvincing.

Regulation within the Religious Society of Friends (2003: Ecc LJ)

Ecclesiastical Law Journal, 2003

A look at the regulatory system of Britain Yearly Meeting of the Religious Society of Friends (Qu... more

Church and State: a mapping exercise - by Frank Cranmer, John Lucas and Bob Morris

Church and State: a mapping exercise, 2006

Present relationships between the Church of England and the state are founded not so much in the ... more Present relationships between the Church of England and the state are founded not so much in the Reformation as in the revolutionary settlement of 1688/89 and subsequent events, including on the union with Scotland in 1706/7. ‘Establishment’ is a portmanteau, elastic term rather than a fixed, immutable concept. The study also looks at church & state in Western Europe.

Quakers and bereavement (2006: Illness, Crisis & Loss)

Quakers are enjoined to listen to the promptings of the "Inner Light" and to answer "that of God ... more Quakers are enjoined to listen to the promptings of the "Inner Light" and to answer "that of God in every one". This article looks at two interlinked aspects of Liberal Quaker practice: the Quaker attitude to death and dying, and the Peace Testimony. Because many British Quakers – perhaps the majority – are unsure or doubtful about the possibility of any kind of personal survival after death, they concentrate on ministry to those who mourn rather than speculating as to the fate of those who have died. Similarly, the injunction to answer "that of God in every one" has led inexorably to the Quaker tradition of pacifism. But neither of these is simple or unproblematical.

'A court of law, not of morals?' (2008: L&J)

It is argued that in English and Scots law religion has, generally speaking, been treated as an o... more It is argued that in English and Scots law religion has, generally speaking, been treated as an objective phenomenon; and the courts have not concerned themselves with doctrinal truth or falsehood, merely with the factual basis of the dispute that they have been called upon to determine.
But is that always the case? And what about wider moral considerations?

Judicial review & church courts in the law of Scotland (1998: Denning LR)

Examines the extent to which the actings of religious tribunals in Scotland are reviewable by the... more

Church-state relations in the UK - a Westminster view (2001: Ecc LJ)

Looked at the debate about the place of religion - and especially of the Established Church of En... more

Necessary to Salvation? The Canon Law of the Church of England and the Interpretation of Scripture (2008: Ecc LJ)

The canon law of the Church of England begins from the assumption that scripture contains 'all th... more The canon law of the Church of England begins from the assumption that scripture contains 'all things necessary to salvation' but makes little attempt to lay down rules for the way in which scripture should be interpreted. The authors attribute this reticence to the fact that, historically, adherents of the Church of England have been inclined to disagree about the nature both of ecclesiastical and of scriptural authority; and one of the functions of the Church's canon law has therefore been to hold together a wide spectrum of theological opinions. This comprehensiveness, however, causes strains within the wider Anglican Communion and may lead to difficulties of mutual comprehension in ecumenical conversations.

Quakers and the ecumenical agenda - another view (2010: Friends Quarterly)

Suggests that, from a Quaker point of view, ecumenical discussions of matters of theology are of ... more

One Quaker's view of human rights in a socio-juridical context (2008: from 'Nonsense on Stilts - A Quaker View of Human Rights')

Human rights as currently understood are not rooted in any specifically-Christian tradition. The ... more Human rights as currently understood are not rooted in any specifically-Christian tradition. The New Testament evidence reveals attitudes that are impossible to reconcile with current thinking on human rights; and it has even been argued that the notion of human rights arose in opposition to institutional Christianity and oppressive notions of ‘divine justice’ – though this is by no means undisputed. The key documents relating to human rights are products of the Enlightenment, but much modern discourse on natural law and natural rights continues to be derived from mediaeval scholastic theology, however problematical that may be. Modern Roman Catholic canon law suggests that merely to oppose ‘rights’ and ‘duties’ may be to over-simplify a complex web of mutual responsibilities. But in legal, as opposed to moral, terms, unenforceable rights are of little practical value; therefore, though Friends might look elsewhere for a moral basis for human rights, the positivist approach to their day-to-day enforcement should not be lightly dismissed.

The Church of Sweden and the Unravelling of Establishment (2000: Ecc LJ)

The Church Ordinance [Kyrkoordning] which came into force on 1 January 2000 marked the transition... more

Employment, Sex Discrimination and The Churches: The Percy Case (2006: Ecc LJ)

Ecclesiastical Law Journal, 2006

Church-State Relations in the United Kingdom: A Westminster View

Ecclesiastical Law Journal, 2001

How Relevant to the United Kingdom are the ‘Religious’ Cases of the US Supreme Court? (2016: EccLJ)

Ecclesiastical Law Journal, 2016

Not very.

The impact of COVID 19 on religion in the UK

Revista General de Derecho Canónico y Derecho Eclesiástico del Estado 54, 2021

The paper traces the history of the UK and the devolved governments’ responses to the COVID-19 ou... more The paper traces the history of the UK and the devolved governments’ responses to the COVID-19 outbreak and, in particular, their impact on the exercise of religion and the responses of faith-communities. It discusses the legal and constitutional background and the implications for the right to manifest religion or belief under Article 9 ECHR. It looks at the impact on the practice of religion of the ‘lockdown’ restrictions on places of worship and personal contacts and at the attempts of government to accommodate them, at the responses of the major faith communities and at the various pieces of legislation and guidance as lockdown eased – and was tightened again in response to a second spike in infections. It concludes with some thoughts on how the situation might develop if and when the pandemic is brought to a close and suggests that there are constitutional questions to be asked, in particular, about the UK Government’s use of emergency powers to legislate without prior approval of Parliament.

HUMAN RIGHTS AND RELIGION IN THE UK

Human Rights in Action blogspot, 2021

Largely as a result of the Human Rights Act (HRA) 1998 making the European Convention on Human Ri... more Largely as a result of the Human Rights Act (HRA) 1998 making the European Convention on Human Rights directly justiciable in the domestic courts, the past twenty years have seen a decisive shift from a freedom-based approach to what one may or may not do to a rights-based approach. I argue that this is a healthy development – and one which is not lightly to be case aside.

The Right to Freedom of Thought in the United Kingdom

European Jl of Comparative Law and Governance, 2021

The United Kingdom is bound by international obligations to uphold “the right to freedom of thoug... more The United Kingdom is bound by international obligations to uphold “the right to freedom of thought, conscience and religion” and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must be genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be “worthy of respect in a democratic society”. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a “British Bill of Rights” and the Westminster Government is questioning more generally the constitutional role of the judiciary.

F Cranmer and R Sandberg ‘A critique of the decision in Conisbee that vegetarianism is not ‘a belief’’ (2020) 22(1)Ecclesiastical Law Journal 36-48

by Russell Sandberg and Frank Cranmer

Ecclesiastical Law Journal , 2020

Conisbee was a preliminary hearing to determine whether or not vegetarianism was 'capable of sat... more Conisbee was a preliminary hearing to determine whether or not vegetarianism was 'capable of satisfying the requirement and definition of being a philosophical belief (protected characteristic) under the Equality Act 2010'. Employment Judge Postle held that vegetarianism did not amount to a philosophical belief, comparing it to veganism. It is the latest in the confusing and contradictory case law on the meaning of the term 'religion or belief' under English law. This comment contends that not only was the application of the law by the Employment Tribunal suspect but that, at times, the articulation of the law was also questionable. It falls into three sections, closely analysing and critiquing three parts of the judgment in turn. The first and second sections examine the arguments for both sides (as articulated in the judgment) since these explain the approach taken by the Tribunal. The final part then explores the conclusions reached by Employment Judge Postle. Because this section of the judgment is rather cursory, detailed analysis of what the Tribunal says about the arguments of counsel for both sides is needed in order to understand the decision given. All three parts of the judgment contain questionable statements of law and the applications of law. This suggests that the decision needs to be appealed, because it has the potential to create further confusion in an area of the law which is already mired with uncertainty.

Sermon for Alec’s Golden Jubilee