[...]... permits the systematic gathering of information and the profiling of functions and policy in respect of Australia and New Zealand, the United States, Singapore and Canada Part IV, the final section, reflects on the findings of Part III and considers the implications arising for the future relationship between legal functions and social policy as they relate to charity Entitled ‘Re-configuring the Social Policy. .. relation to particular configurations of social policy and charity law The five chapters comprising this Part together provide an analysis of the main legal functions relating to charity and charitable activity Chapter 3 considers the jurisprudence underpinning the functional approach to the law, giving particular attention to the more salient principles and their contemporary impact The legal functions. .. Social Policy explores contemporary law, policy and practice in a range of modern common law nations It does so from the perspective of how this has evolved in the UK As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents, the jurisdiction of England & Wales has been and remains central to charity law as a common law. .. activity The Parties Charity in the common law rests on a transaction that involves the interests of donor, charitable organisation, recipient and the State in an amalgam of private and public law concerns Arbitration on any conflict arising between the interests of these parties has traditionally been left to the courts but in England & Wales that responsibility has now largely passed to the Charity. .. Outcome of the Charity Law Reform Process and Implications for the Future of the Support Function and Social Policy Institutional Change and the Support Function The Inland Revenue and the Charity Commission Strengthening the Support Capacity of the Charity Commission New Legal Structures for Charities Increasing Public Confidence... it relates to charity and charitable activity Their origins, in initiatives by government and judiciary, are traced and their effectiveness and policy significance are considered Part III, International Perspectives , provides case studies depicting use of the legal functions, as they apply to type of need and thereby give effect to policy, in each of the selected common law jurisdictions The Charitable... strands is a prerequisite to identifying and understanding the related social policy The relevant social policy concerns of government are apparent in the type of need addressed by donors and organisations that qualify for charitable status and tax exemption and are also evident in the mechanics of the law as it relates to charity The separate sets of interests provide correlating dimensions for the. .. relationship, social policy is demonstrated by changing trends in the use of charity Part II, entitled ‘A Functional Approach to the Law as it Relates to Charity in the UK’, deals with the mechanics of the law, that is the legal functions relating to charity, charitable activity and the task of giving effect to legislative intent (as traced back to the Preamble), which have always attracted considerable... comparative analysis of experience in the common law nations that constitutes the main part of this book This Part, therefore, consists of two chapters dealing with the public and private interests in charity law as this evolved in England & Wales Chapter 1 considers the origins of charity as a common law phenomenon: it identifies the basic concepts and principles, the parties and the legal structures... years the law relating to charity in England & Wales has begun to relax its approach towards policing these distinctions30) Need While this has become a more relative and complicated term with the passing of the centuries, it remains the crux of the charitable relationship and continues to be defined within the common law parameters as set by the Preamble,31 the ‘spirit and intendment’ rule32 and the . Social Policy National and International Perspectives on the Functions of the Law Relating to Charities ISBN 978-1-4020-8413-3 e-ISBN 978-1-4020-8414-0 Library of Congress Control Number: 2008927743 ©. 162 The Outcome of the Charity Law Reform Process and Implications for the Future of the Policing Function and Social Policy. . . . . . . . . . . . 163 Increasing the Powers and Range of the Policing. . . 220 The Outcome of the Charity Law Reform Process and Implications for the Future of the Support Function and Social Policy . . . . . . . . . . . . 220 Institutional Change and the Support