Have a little faith: The advancement of religion and public benefit

Abstract

In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. This chapter demonstrates that religion is still just as relevant in contemporary society as it was in ancient times and, further, that charity law is the perfect instrument to enable the most fitting utilization of religion, under the embrace of advancement of religion. In undertaking this analysis, this chapter considers the doctrine of public benefit and its role within charity law to ensure the legitimacy of religious charitable purposes, and specifically considers the approach of the Australasian courts to evaluate critically the issues surrounding public benefit and the advancement of religion. Prior to considering the jurisprudence of Australia and New Zealand, we will set out, briefly, the importance of religion generally within society, to contextualize its relevance. Then we will outline the law relating to charitable purposes, and public benefit, in order to underpin the discussions that follow.