Aviso legal: Esto no constituye asesoramiento jurídico. La legislación y la jurisprudencia cambian. Consulte siempre con un abogado cualificado para su situación específica.

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Derecho eclesiástico

Derecho de la Iglesia de Inglaterra, jurisdicción de facultades y libertad religiosa.

Introducción

El derecho eclesiástico rige la Iglesia de Inglaterra como iglesia establecida, incluyendo su jurisdicción sobre edificios eclesiásticos.

Principios fundamentales

1

Establishment — The Church of England is the established church of England. The Sovereign is the Supreme Governor. Senior bishops sit in the House of Lords (the Lords Spiritual). Church Measures, approved by the General Synod and Parliament, have the force of statute.

2

Faculty Jurisdiction — Any alteration to the fabric, ornaments, or furniture of a Church of England church, or any works in the churchyard, requires a faculty (permission) from the Consistory Court of the diocese. This applies to listed and unlisted churches alike and is the ecclesiastical equivalent of planning permission.

3

Ecclesiastical Courts — The Consistory Court (presided over by the Chancellor of the diocese) is the primary court. Appeals go to the Court of Arches (Canterbury province) or the Chancery Court of York. The Court of Ecclesiastical Causes Reserved hears cases involving doctrine, ritual, or ceremonial.

4

Clergy Discipline — The Clergy Discipline Measure 2003 provides for complaints against clergy for misconduct. A tribunal may impose penalties including prohibition from ministry, removal from office, or deposition from Holy Orders.

5

Marriage — Church of England clergy have a legal duty to marry parishioners by banns or common licence. The Marriage Act 1949 and Ecclesiastical Licences Act 1533 govern the process.

6

Burial Rights — Parishioners have a common law right to be buried in their parish churchyard (subject to capacity). The right extends to persons on the electoral roll of the parish.

7

Religious Freedom — Article 9 ECHR protects freedom of thought, conscience, and religion. The Equality Act 2010 prohibits discrimination on grounds of religion or belief but contains exemptions for organised religion.

8

Church Property — Church of England church buildings are generally Grade I or II* listed. The Church has an exemption from secular listed building consent under the 'ecclesiastical exemption', provided it operates its own approved system of control (the faculty jurisdiction).

Leyes clave

Ecclesiastical Jurisdiction and Care of Churches Measure 2018

2018

Clergy Discipline Measure 2003

2003

Marriage Act 1949

1949

Casos principales

Aston Cantlow PCC v Wallbank

[2003] UKHL 37

Re St Luke the Evangelist, Maidstone

[1995] Fam 1

Escenarios comunes

Church wants to install a toilet and kitchen

Any alteration to a Church of England church requires a faculty from the Consistory Court. The PCC must apply through the online faculty system, consult the Diocesan Advisory Committee, and give public notice. If unopposed, the Chancellor may grant the faculty on paper. If opposed, a hearing may be necessary.

Complaint against a vicar for misconduct

Under the Clergy Discipline Measure 2003, a complaint is made to the bishop. The bishop appoints a designated officer to assess the complaint. If it proceeds, a tribunal hearing may follow. Possible penalties range from a rebuke to deposition from Holy Orders.