I. Historical Background
The United Kingdom consists of three distinct countries: England and Wales, Scotland and Northern Ireland. Each country has its own legal system. Therefore modern legislation is often made separately for each country. Certain matters are reserved exclusively to the United Kingdom´s Parliament, including questions affecting Church and State. In 1534, the Act of Supremacy was constituted under Henry VIII resulting in the abrogation of Papal authority, establishing royal supremacy over the Church of England.
During English Reformation, the Church adopted a more Protestant position.
In the Elizabethan settlement, in 1558, Anglican independence and a classical Anglican theology were instituted. This theology was ‘both Catholic and Reformed’.
In Wales, the Anglican dioceses were abolished in 1920 and formed a separate Church in.
In Scotland, the Anglican Episcopal Church of Scotland was formed by Episcopalians in 1690.
Although the majority in Ireland is Roman Catholic in allegiance, the presence of large numbers of Scottish settlers in the north contributed to the growth of the Presbyterian Church of Ireland. There is no Anglican Church of Ireland.
II. Social Facts
Although there are a variety of beliefs in the United Kingdom, about 71% of the British population consider themselves to be Christian. Another 16% of the population regards itself as non-religious and about 7.5% do not state their religious affiliation at all at. That leaves about 5.5% inhabitants that belong to smaller denominations such as Islam (2.78%), Hinduism (0.98%), Sikhism (0.59%), Judaism (0.47%) and Buddhism (0.26%).
The non-Christians are principally from immigrant communities.
In England, the Church of England has the biggest membership numbers with about 1.4 million, followed closely by the Roman Catholic Church with about 0.93 million members. There are of course a number of smaller trinitarian churches that have about 1.28 million members.
In Wales, the Church of Wales is the leading church with about 80,900 members, followed by the Presbyterian/Reformed Churches (44,300), the Roman Catholic Church (39,500) and a few other trinitarian churches (85,600).
In Scotland, the Church of Scotland has the most members with about 587,000. The Roman Catholic Church has about 212,500 members and other trinitarian churches have about 164,000 members.
There are also a number of non-trinitarian churches in Great Britain, including Mormons (177,000) and Jehova´s Witnesses (125,000).
Although Northern Ireland is part of the United Kingdom, the churches of Ireland cannot be viewed separately, because they operate on an All-Ireland basis.
III. Basic Categories of the System
There are three different bodies of law applying to the churches. The general law of charities and charitable trusts is applied to all churches, except the Church of England and the Church of Scotland. The property of non-Established churches is held by trustees under the ordinary secular law. They are organised as voluntary associations without a special status.
Concerning the Established churches, there is quite a difference between north and south of the border between England and Scotland.
The General Assembly Act 1592 is the basic foundation of the Reformed Church of Scotland, the ‘Kirk’. The Protestant Religion and Presbyterian Church Act 1706 stated that Presbyterian government was to be the only government of the Church within the kingdom of Scotland. There were a number of disputes within the Kirk in the nineteenth century concerning the relation between state and church, leading to the founding of a number of separate churches. Most of them were re-united in 1921. The Church of Scotland Act 1921 strengthened the position of the Church in giving it considerable freedom in its government, e.g. separate jurisdiction of the Church in spiritual matters. This is highly anomalous for a traditional church because it almost constitutes a separation between State and Church.
The Church of England has a quite close connection to the State. The ecclesiastical law, including its Canon law, relating to the Church of England is an integral part of the English law. Even pre-Reformation law can be applied if it is proven that this piece of law has been recognised, continued and acted upon in England since the Reformation. Until the early 20th century the Parliament passed any legislation concerning the Church. The Church of England Assembly Act 1919 procured a substantial change. This power is now vested in the General Synod. The Synod consists of three Houses, a House of Bishops, a House of Clergy and a House of Laity. All three of them must assent to any proposal. The Synod is comparatively powerful since it has the capacity to pass Measures, which have the same effect as an Act of Parliament, or the power to amend or repeal existing Acts.
Parliament maintains some control since all Measures must be presented to and confirmed by each House of Parliament.
Since there is no written Constitution there can be no formal constitutional guarantee of religious freedom. However, the United Kingdom has signed the European Convention on Human Rights and integrated it into the domestic law through the Human Rights Act 1998. This ensures freedom of thought, conscience and religion in the United Kingdom.
IV. Cultural and societal exercise of functions
In England, there are ‘maintained schools’, which are State governed, and ‘public schools’, which are independent.
For many centuries the churches were the main provider of education and therefore many schools remain connected to the church. Maintained schools can be divided into ‘voluntary controlled’ or ‘voluntary aided’ schools. In the latter group, the Church covers about 15% of the cost of any building works and is represented in the board of management in return.
In every maintained school there is religious education for all pupils according to the Education Act 2002. According to the School Standards and Framework Act 1998 all pupils must take part in an act of collective worship on each school day. This must be of ‘a broadly Christian’ character.
Religious programmes are broadcast by both by television and radio stations. However, the Communications Act 2003 prohibits a religious body whose programmes are wholly or mainly of a religious nature from being given certain types of licences.
Throughout the United Kingdom, couples can choose either a religious or a secular ceremony for their wedding. Unless the religious ceremony is carried out in either the Church of England or the Church of Wales there is a requirement of certain civil preliminaries.
The churches work on a self-finance basis, but benefit from certain tax exemptions and some State support with respect to the maintenance of historic buildings.
Naturally the churches are involved in many other areas.
V. Legal Foundations
Religious Bodies have no greater rights than any other form of voluntary organisation. Their Canon Law has only internal effects. It has the status of a contract between their members. Internal tribunals can be used to discipline members and officers.
English Property Law applies to all matters concerning church property.
There is no formal listing of churches that are ‘approved’ by the State. Places of worship can be registered. Problems may occur in determining whether a particular body does constitute a church. The Mormon Church for example was held not to be a place of public religious worship, because its temple in England is only open to Mormons ‘in good standing’.