Measures of the General Synod

Measures of the General Synod
Name	Measures of the General Synod
Jurisdiction	Church of England
Established	1970s
Legal basis	Church of England Assembly (Powers) Act 1919
Legislature	General Synod of the Church of England
Passed by	Parliament of the United Kingdom
Status	active

Measures of the General Synod are instruments by which the General Synod of the Church of England seeks to create binding law within the Church of England subject to approval by the Parliament of the United Kingdom and royal assent from the Monarch of the United Kingdom. They operate alongside Canon law and statutory instruments, interfacing with statutes such as the Church of England Assembly (Powers) Act 1919 and interacting with bodies including the Archbishops' Council, the House of Bishops, and diocesan bishoprics.

History

Measures originate in the legislative developments following the Church of England Assembly (Powers) Act 1919, which authorised the Church Assembly to propose schemes to Parliament of the United Kingdom; the Assembly later evolved into the General Synod of the Church of England after reforms influenced by debates in the House of Commons and deliberations involving the Archbishop of Canterbury and the Archbishop of York. Key historical milestones include the passage of Measures implementing the Church Commissioners' reforms, responses to the Education Act 1944 and the Endowed Schools Act 1869 legacy, and Measures arising from controversies such as the Women in the Church debates and conflicts linked to the Sexuality and religion controversies that engaged the Privy Council of the United Kingdom and the Judicial Committee of the Privy Council.

Legal Status and Effect

A Measure approved by the General Synod of the Church of England requires affirmative approval in both Houses of Parliament of the United Kingdom and the royal assent by the Monarch of the United Kingdom to have the force of primary legislation, comparable to an Act of Parliament of the United Kingdom for Church matters. Once enacted, Measures can alter ecclesiastical law including Canon law provisions, affect the operation of institutions such as the Cathedral chapters, the Parochial Church Council, and the Church Commissioners, and can interact with statutory frameworks like the Marriage Act 1949 and the Education Reform Act 1988 where ecclesiastical rights are engaged. The legal status has been tested in litigation involving the European Convention on Human Rights, the Equality Act 2010, and cases heard by the Court of Appeal of England and Wales and the Supreme Court of the United Kingdom.

Procedure for Drafting and Passing Measures

Drafting typically begins with a motion in the General Synod of the Church of England or with a commission appointed by the Archbishops' Council or a diocesan synod, followed by scrutiny in synodical House of Clergy, House of Laity, and House of Bishops committees and public consultation with stakeholders including the Church Commissioners, the National Society (Church of England and Church in Wales), and representative bodies such as the Board of Education. After synodical approval, a Measure is presented to the Parliament of the United Kingdom where it undergoes consideration, potential amendment, and approval by the House of Commons and the House of Lords; finally royal assent from the Monarch of the United Kingdom transforms it into law. Throughout the process legal advice is provided by the Crown Prosecution Service? and ecclesiastical counsel often consults the Attorney General for England and Wales and the Lord Chancellor on constitutional implications.

Types of Measures and Key Examples

Measures have been used for a range of subjects: reordering diocesan boundary arrangements and suffragan bishoprics; reforming cathedral governance; adjusting liturgical provisions; regulating clergy discipline via Measures like the Clergy Discipline Measure 2003; and altering property and endowment administration through Measures amending the role of the Church Commissioners and the Parochial Church Council. Notable examples include Measures concerning the introduction of new services in the Book of Common Prayer tradition, Measures responding to the Education Act 1944 by affecting voluntary-aided Church of England schools, and significant Measures addressing ordination and women priests that intersected with parliamentary scrutiny and decisions by the House of Bishops and the Privy Council of the United Kingdom.

Implementation and Amendments

Implementation of Measures is overseen by diocesan structures, cathedral chapters, the Archbishops' Council, and statutory officers such as diocesan bishops and the Church Commissioners. Amendments to Measures follow the same synodical and parliamentary route as original Measures; consequential statutory instruments and schemes may be made under Measures by bodies including the Archbishops' Council and the Ecclesiastical Judges, Ecclesiastical tribunals. Judicial review and appeals arising under Measures have been considered by ecclesiastical courts, the Court of Arches, the Chancellor of the Diocese, and civil courts up to the Supreme Court of the United Kingdom, particularly where Measures intersect with duties under the Equality Act 2010 or obligations deriving from the European Convention on Human Rights as incorporated through the Human Rights Act 1998.

Controversies and Significant Debates

Measures have provoked controversies involving disputes over women bishops, same-sex marriage in the United Kingdom, and the balance between synodical autonomy and parliamentary sovereignty, attracting interventions from the House of Commons, the House of Lords, the Archbishop of Canterbury, the Archbishop of York, and advocacy groups such as Forward in Faith and the Inclusive Church. Debates have engaged legal authorities including the Attorney General for England and Wales and the Judicial Committee of the Privy Council, and have featured in public discourse alongside events like the General Election and inquiries in the Commons Select Committee on Culture, Media and Sport. These controversies have led to calls for reform of the Church of England legislative process, proposals to revise the Church of England Assembly (Powers) Act 1919, and sustained negotiation between diocesan leaders, the National Society (Church of England and Church in Wales), and parliamentary committees.

Category:Church of England law