CEN: ACC faces questions about the legality of its new constitution

The Anglican Consultative Council failed to follow its rules in soliciting approval for its new constitution, critics of the London-based ”˜instrument of communion’ tell The Church of England Newspaper.

Some provinces were never asked to approve the ACC’s new constitution, while others were asked to approve “in principle” a draft version that differed from the final document lodged with the Registrar of Companies for England and Wales on July 10, 2010, while a third group reported that the draft it approved was substantially similar to the one adopted.

The resulting uncertainty has likely resulted in two Anglican Consultative Councils under law: a limited corporation created under English law on July 12, 2010, and an English charitable trust registered in 1978.

Read it all (requires subscription).

Update: You may find the full article there.

Posted in * Anglican - Episcopal, Anglican Consultative Council, Global South Churches & Primates

8 comments on “CEN: ACC faces questions about the legality of its new constitution

  1. A Senior Priest says:

    The Curmudgeon’s trenchant analysis is needed for this one.

  2. driver8 says:

    Wow. Just wow.

    The legal advisor to the ACC reported at the most recent Standing Committee:

    He explained that the new Articles of Association had been drawn up between 2002 and 2005, before submission to the Provinces between 2005 and 2009

    These words look to have been very carefully chosen. Notice he doesn’t say the Provinces “approved” or “ratified” the new Constitution/Articles (which certainly was demanded by the old Constitution). In addition, it looks as though even the phrase “the Provinces” doesn’t mean “all Provinces of the Anglican Communion” but something like “more than one Province”.

    Is such a ratification legal under English law?

  3. driver8 says:

    The Governance of the Communion is in chaos.

  4. Robert Dedmon says:

    Who adjudicates?

  5. art says:

    Tragically driver8 (#3) you are right …

  6. Jill Woodliff says:

    The ACNS reported that ACC legal adviser John Rees told the Standing Committee at its London meeting on July 24 the new Articles of Association had been drawn up between 2002 and 2005, before submission to the Provinces between 2005 and 2009.

    Does anyone know what precipitated the perceived need for new Articles in 2002?

  7. Pageantmaster Ù† says:

    I see the web version of this article can be read on George Conger’s site here

    Just amazing.

  8. driver8 says:

    Pageantmaster will be able to answer better than I can. Crudely, however, I think one initial concern was the financial liabilities that could be incurred by the Committee members under the old Articles (particularly in relation to the organizing of the Lambeth Conference).