Charity Law
| Module title | Charity Law |
|---|---|
| Module code | LAW3165 |
| Academic year | 2020/1 |
| Credits | 30 |
| Module staff | Dr Mary Synge (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 12 | 11 |
| Number students taking module (anticipated) | 40 |
|---|
Module description
Charity Law is a subject with deep historic roots but unquestionable contemporary significance, having regard both to the huge social and economic importance of the charitable sector and to recent judicial and legislative developments across the common law world. In this module you will learn about the not-for-profit sector and its regulatory framework, and explore debates such as: What does, or should, ‘charity’ actually mean? Can charities be involved in political campaigning? Can they discriminate? Should private hospitals and religion be charitable? You will also learn from comparisons with other jurisdictions, including Australia, Canada and the rest of the UK.
Module aims - intentions of the module
The module aims to provide you with an in-depth knowledge of a range of legal issues concerning the charity sector. Drawing on a broad and international literature, including the published and active research of the module lecturer(s), this module will encourage you to learn critically and communicate clearly, both orally and in writing. It will also improve your skills of legal analysis and legal argument, engage you in philosophical and legal debate, and invite you to consider carefully the process of legal development and questions of policy.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate a detailed knowledge of certain aspects of the law relating to charities
- 2. Identify, explain and critically evaluate key issues in the law of charities and to apply relevant rules and principles established by case law and statute
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Apply legal knowledge and understanding to a task and to suggest a conclusion supported by relevant argument and authority
- 4. Integrate and assess information from primary and secondary legal sources, using appropriate interpretative and evaluative techniques
- 5. Select, integrate and present relevant law and legal argument coherently and reflectively, orally and in writing
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. Develop own arguments and opinions with minimum guidance
- 7. Communicate and engage in debate and legal analysis, accurately and effectively, orally and in writing
- 8. Identify, retrieve and use efficiently a range of legal resources with minimum guidance
- 9. Work independently and manage time efficiently in preparing for scheduled activities, including seminars, and formative and summative assessments
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Legal forms of civil society or non-profit organisations and the significance of charity in the not-for-profit sector; the role of charity trustees; charitable fundraising and appeals; investment of charitable funds; fiscal treatment of charities
- The legal meaning and definition of charity; the advantages and disadvantages of a statutory definition; alternative approaches to defining ‘charity’, eg based on notions of altruism or public goods or autonomy
- Religion and charity: the historical connection; judicial approaches towards religion; the definition of religion; the meaning of ‘advancement of religion’ and the merits of its inclusion as a charitable purpose
- The impact of charities charging fees for their services; the place of poverty in charity
- The interface between politics and charity: the meaning of ‘political purposes’ and the rationale for their exclusion from charity; the scope for charities to be involved in political campaigning
- Charity and discrimination: the freedom for charities to select beneficiaries according to defined characteristics
- Alternative approaches to charity (including in relation to questions concerning religion, politics and fee-charging) in other jurisdictions, such as Australia, New Zealand, Canada, Ireland, Northern Ireland and Scotland
- Regulation of the charitable sector: the Charity Commission; registration, reporting and auditing requirements; the Charity Tribunal; the doctrine of cy-près
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 56 | 244 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 32 | Lectures (16 x 2 hours) |
| Scheduled Learning and Teaching Activity | 16 | Seminars (8 x 2 hours) |
| Scheduled Learning and Teaching Activity | 8 | Drop-in sessions (8 x 1 hour) + |
| Guided Independent Study | 16* | Reading in advance of lectures |
| Guided Independent Study | 80* | Reading and preparation for seminars |
| Guided Independent Study | 16* | Consolidating learning post-seminar |
| Guided Independent Study | 28* | Reading and preparation for case note |
| Guided Independent Study | 18* | Preparation of essay plan |
| Guided Independent Study | 86* | Research, planning and execution of summative essay(s) |
| + Drop-in sessions are designed for module-specific queries and discussions. You are welcome to attend with specific queries or to discuss proposed summative topics or completed formatives, or simply to discuss charity-related matters. | ||
| * For guided independent study, the hours spent on each task are for guidance only and may vary depending on your own study needs and learning style. |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Case comment | 2,000 words | 4-9 | Individual written feedback |
| Plan for (first) summative essay | 500 words | 1, 3-4, 6-9 | Individual written and/or oral feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Either (i) Essay (40%) and Essay (60%) OR (ii) Essay (100%) | 100 | Essay (40%) 2,000 words and essay (60%) 3,000 words OR (ii) 5,000 words | 1-9 | Individual written feedback |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (for length, see notes below) | 1-9 | August/September reassessment period |
Re-assessment notes
The student may be assessed in the same form as the intended original assessment. Overall, the submitted summative assessments must satisfy either (i) or (ii) above, ie either two essays (one up to 2,000 words and worth 40%, the other up to 3,000 words and worth 60%) or one essay (up to 5,000 words and worth 100%). Due to eBART requirements, if option (i) is chosen, both essays must be submitted at the same time.
A 40% pass mark is required in respect of each essay submitted. So, for example, if a student submits an essay of 2,000 words, which is given 40% or more, but fails to submit a second essay or submits a second essay which fails to achieve 40%, re-assessment (by referral or deferral as appropriate) will be of a 3,000 word essay. Likewise, if a student submits an essay of 3,000 words, which is given 40% or more, but fails to submit a second essay or submits a second essay which fails to achieve 40%, re-assessment (by referral or deferral as appropriate) will be of a 2,000 word essay.
If a student submits a single essay of 5,000 words (option (ii)), which fails to achieve 40%, re-assessment (by referral or deferral as appropriate) may be either of a further 5,000 word essay or of two essays (option (i)), one of 2,000 words and one of 3,000 words.
Indicative learning resources - Basic reading
Cases and decisions:
Aid/Watch Inc v Commissioner of Taxation [2010] HCA 42 (HCt Australia)
Catholic Care (Diocese of Leeds) v Charity Commission [2010] EWHC 520 (Ch)
Human Dignity Trust v Charity Commission (2014) FTT (Charity) No. CA/2013/0013
Re Greenpeace of New Zealand [2014] NZSC 105
Decision of the Charity Commission on an application for registration by the Temple of the Jedi Order, (December 2016)
Books and articles:
Chan, K - The Public-Private Nature of Charity Law (Hart Publishing, 2016)
Dunn, A – The Voluntary Sector, the State and the Law (Hart Publishing, 1998)
Harding, M – Charity Law and the Liberal State (CUP 2014)
McGregor-Lowndes, M and O’Halloran, K (eds) - Modernising Charity Law: recent developments and future directions (Edward Elgar Publishing. 2010)
McKenna, A – Applications to First-tier Tribunal (Charity) by Persons Affected (2012-13) 16 CL&PR 147
Parachin, A – Charity, politics and neutrality (2015-16) 18 CL&PR 23
Picarda, H – Thornton v Howe: A sound principle or a seminal case past its best buy date? (2013-14) 16 CL&PR 85
Synge, M – The ‘new’ public benefit requirement: making sense of charity law? (Hart Publishing, 2015)
Walton, C – McGovern v AG: constraints on judicial assessment of charitable benefit (2014) Conv 317
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 6 |
| Available as distance learning? | No |
| Origin date | 7/12/2016 |
| Last revision date | 13/12/2016 |
