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

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.

Abstract

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.

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ID Code: 56361
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Charities, Charity, charitable purpose, Pemsel Preamble, Statute of Elizabeth
ISSN: 1839-2881 (online) 0313-0096 (print)
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000)
Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2012 University of New South Wales Law Faculty
Copyright Statement: Author CANNOT archive preprint version (i.e. submitted version - pre-refereeing)
Subject to restrictions below, author CAN archive postprint (ie accepted version - post refereeing)
Subject to restrictions below, author CAN archive publisher version
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Deposited On: 10 Jan 2013 01:23
Last Modified: 29 Sep 2013 12:00

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