Establishment vs disestablishment: constitutional review and the legal framework of the Church of England

Abstract

One of the most dynamic relationships historically has been that of the state with religion. Having been blamed for many wars and rebellions it comes as no surprise that those states continuing to model close relationships with an individual religion come under high scrutiny, especially now religious freedom plays such an important part in today’s society. Furthermore, sociological theories have developed beyond metaphysical explanations of state authority and no longer depend on spiritual or religious explanations. The UK, with two established churches, is one such state with its relationship with the Church of England especially being subjected to criticism from a number of different groups. Whether this constant criticism is justified is another story and one of the aims of this thesis is to try to unpick some of the debates that flow around the subject in order to put them into a practical context. Often, when such discussions are undertaken there are lots of arguments made as to why the Church of England should, or should not, be disestablished. Discussions on whether they retain an important place in society are made but ultimately very little said about how disestablishment may occur if this was chosen as the way forward. This thesis will aim to tackle some of these questions and will delve into the constitutional complexities in order to discover how such a procedure can be initiated, and the effect this would have on both the state and the Church of England. Future relations will also be discussed and an important consideration will be the views and effect this might have on other religions who have come to benefit from the pleural approach of the established church. Ultimately, the result will be the uncovering of the complexities of disestablishment and who, if anyone, will benefit from the process.