Chapter

Judicial Power: The Settlement of Disputes

Norman Doe

in The Legal Framework of the Church of England

Published in print July 1996 | ISBN: 9780198262206
Published online March 2012 | e-ISBN: 9780191682315 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262206.003.0006
Judicial Power: The Settlement of Disputes

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In addition to the possibility of challenges in the civil courts to the use of ecclesiastical legislative and administrative powers, the law of the Church of England provides two basic forms of internal adjudication and dispute settlement: by the church's courts and by bodies, whose functions are predominantly administrative, exercising quasi-judicial power. In fact, the use of arrangements enabling quasi-judicial settlement is increasing. In effect, the courts have been marginalised; the power to adjudicate is now more widely dispersed in the church. With the exception of faculty matters, and even here the role of the courts has been altered recently, the law avoids trials and recourse to the courts is rare. Moreover, when the courts do adjudicate their exercise of power is limited by rights of appeal, by rules about the interpretation of ecclesiastical legislation and by the doctrines of precedent. This chapter traces these arrangements in the Church of England and seeks to draw out similarities to and differences from the canon law of the Roman Catholic Church.

Keywords: Church of England; Roman Catholic Church; quasi-judicial settlement; adjudication; courts; dispute settlement; ecclesiastical legislation; doctrines of precedent; canon law

Chapter.  16564 words. 

Subjects: Comparative Law

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