1991•Ecclesiastical Law JournalRequires access

The Catholic Tribunal System in the British Isles

Gordon Read

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Abstract

“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.

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What this paper is about

“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.

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Available abstract

“The claim to have succeeded in covering every side of Church life at the conclusion of the herculean labour of codification on this scale would indeed be a bold one, and one very uncongenial to the spirit of English law”, comments the report entitled ‘The Canon Law of the Church of England’. Despite the production of a Code of Canon Law for the Church of England, the provisions of law as applying to the Church of England are much more complex, involving not only the provisions of the Code, but also Common Law, Statute Law, judicial decisions and occasional survivals from Mediaeval Canon Law. For this reason although the ecclesiastical courts of the Church of England and of the Roman Catholic Church have common origins and features, there are also many differences, not only in structure, but in the material that comes before them.

Key concepts: Canon law, Law, Tribunal, Common law, Statute, English law, Code (set theory), Canon

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