A very interesting legal paper has been published by Dr Augur Pearce concerning the ecclesiastial autonomy of the Church of England.
There is a summary of the key points (and a biographical note) on this page: English Ecclesiastical Autonomy and the Windsor Report by Dr Augur Pearce.
and the full 12 page article can be downloaded in PDF format from here.
The last two summary points read as follows:
- Reflecting that the Windsor Report’s proposed ‘communion law’ (subordinating national ecclesiastical autonomy for the future to an international agreement and arbiters) could only be effected in England by primary legislation, the paper mentions two existing approaches to self-obligation in the legislative field (in the European Communities Act and Human Rights Act). Given that either approach would affect radically the tradition of independence that formed the English Church as now known, and that a possible consequence could be to narrow the national church’s broad popular appeal, Parliament may think very carefully before approving such legislation while leaving the Church of England its national status and associated endowment.
- Being no expert in the history of the North American churches’ involvement with the Lambeth Conference, the writer does not seek to apply his conclusions directly to their situation. It is recognised that as voluntary rather than national churches, the conceptual basis for their autonomy is quite different. However it is suggested that if the Church of England is indeed presently not bound by Lambeth Conference majorities, the North American churches should consider whether it can be right for them either to own such an obligation.