Law of Charities in Ireland

Law of Charities in Ireland PDF

Author: Oonagh B Breen

Publisher: Bloomsbury Publishing

Published: 2019-12-05

Total Pages: 608

ISBN-13: 1526514303

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This timely handbook details how all charities in Ireland can ensure that they are legally compliant with all aspects of charities law. This complex area is clearly and concisely explained by two leading experts in the charity law field. As well as fully outlining the legislation, including detailed coverage of the Charities Act 2009, this handbook considers the life cycle of a charity in Ireland: from its creation and registration to its governance and reporting obligations right through to its relations with other charities, at home or abroad, and the demise or dissolution of a charity. Examining the role of the charity trustee in both corporate and unincorporated charities, this book details the key relationships with relevant statutory agencies from the Charities Regulator through to Revenue and the Companies Registration Office. Setting out for the first time the practical issues facing charities operating in Ireland, this handbook is vital for any person concerned with the regulation of charities in this jurisdiction.

Human Rights and Charity Law

Human Rights and Charity Law PDF

Author: Kerry O'Halloran

Publisher: Routledge

Published: 2016-03-10

Total Pages: 330

ISBN-13: 1317352874

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The 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.

Charity Law and the Liberal State

Charity Law and the Liberal State PDF

Author: Matthew Harding

Publisher: Cambridge University Press

Published: 2014-10-09

Total Pages: 263

ISBN-13: 1107022339

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The first sustained consideration of the law of charity from a liberal philosophical perspective.

The Public-Private Nature of Charity Law

The Public-Private Nature of Charity Law PDF

Author: Kathryn Chan

Publisher: Bloomsbury Publishing

Published: 2016-11-17

Total Pages: 222

ISBN-13: 1782258493

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Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

Debates in Charity Law

Debates in Charity Law PDF

Author: John Picton

Publisher: Bloomsbury Publishing

Published: 2020-05-14

Total Pages: 329

ISBN-13: 1509926844

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Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

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