Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and 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 that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.

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.

This work provides an analytical and comparative analysis of the development of charity law, as well as providing a critical commentary on a number of contemporary changes within the charity law field across a range of common law jurisdictions. The book follows earlier studies which cover a similar, and traditional, jurisdictional spread, but which are now dated. It further considers in detail charity law issues within Hong Kong and Singapore, about which there has been historically more limited charity law discussion. The area is growing in terms of practical legal and academic interest.

Profiling national and international social inclusion agendas, Charity Law and Social Inclusion examines the fit between the charity law framework and the needs of the socially marginalized in some leading common law nations: the US, England and Wales, Ireland, Australia, New Zealand and Canada. It: examines the concepts of philanthropy, inclusion, alienation and justice considers the competing claims of philanthropy, legal rights and politics as appropriate methods of pursuing social justice explains how weaknesses in charity law obstructs philanthropic intervention makes recommendations for changes to the legal framework governing philanthropy. O’Halloran argues that our common charity law heritage must be updated and co-ordinated to be capable of addressing social inclusion in the twenty-first century. This book is of interest to academics and students working and sudying in the areas of social policy, sociology and law, as well as professionals in community and voluntary work.

The Profits of Charity examines the contemporary law governing the involvement of charity in commerce, explores the reasons why this involvement is dramatically changing and considers the resulting implications for charities and the nonprofit sector. From a perspective familiar to charity lawyers, NGO managers, and scholars, Kerry O'Halloran identifies the concepts and the law underpinning charities and their profits by tracing legal developments in the field and identifying the resulting opportunities and challenges for the future. At a time when many leading nations are confronting economic recession, the threat of terrorism, and the retreat of the 'welfare state,' this book explores how and why governments are now turning to charities in their quest to cultivate social capital, consolidate civil society, and promote civic engagement. In The Profits of Charity, Professor O'Halloran undertakes a comparative analysis of the balance struck between government, charity, and commerce in the EU and leading common law nations, including the United States, Canada, England and Wales, New Zealand, and Australia. He uses analysis of legislation, outcomes of charity law reviews, and recent case law to illustrate jurisdictional differences, and concludes with an assessment of the extent and significance of the recalibrated relationships and considers the overarching issues that arise for charity law and social policy.

Discusses what nonprofit organizations can and cannot do to affect public policy in light of the revised set of lobbying regulations recently issued by the IRS. Defines various forms of advocacy (from lobbying and political advocacy to boycotts and demonstrations) as well as the six prohibited activities. Explains how nonprofits are allowed to impact legislative and political processes. Clarifies how nonprofits can carry out their exempt (i.e., religious and educational) functions.