Charity without Politics? Exploring the Limits of ‘Politics’ in Charity Law

Bibliographic Data

ID12890677
AuthorsRebecca Lee (0000-0002-9493-4378, Chinese University of Hong Kong, corresponding author)
Year2015
Volume11
Issue3
Pages271-282
Publication date2015-07-03
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueJournal of Civil Society (JOURNAL)
Journal identifiersISSN: 1744-8689 • E-ISSN: 1744-8697
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.1080/17448689.2015.1061260
OpenAlexW1480239777
LanguageEN
Citations received3
References cited10

In Anglo-American common law jurisdictions, there are well-entrenched constraints on political engagement by charities. However, three recent decisions in Australia, New Zealand, and England have either relaxed these constraints or shown early signs of a jurisprudential shift. Against the background of recent charity law reforms in Hong Kong, which have sparked a renewed interest in the relationship between charity and politics, and the limits on the pursuit of political purposes by charities, this article examines the justifications for the political constraints and their underlying assumptions. It argues that while the blanket rule against political purposes should not be maintained, political purposes should not, in themselves, be considered sufficiently charitable. In defining the boundaries between charity and politics, one must balance a charity's legitimate political expression against its pursuit of private gain in the name of charity. This article therefore proposes that whether political activities are permissible should depend on whether they pertain to the promotion of a common good exclusively, leaving no room for private gain occasioning from these activities

Civil society · Political science · Politics · Sociology · Law · Legal Issues in South Africa · Legal principles and applications · Public Administration · Taxation and Legal Issues

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