ABSTRACT
This chapter begins the move away from the focus on any possible bilateral contractual relationship between clergy and church to examine the question of clergy employment rights against the broader canvas of the autonomy of churches from the state. It begins by asking what exactly this means in this context and then moves on to look at a question rarely investigated: the extent to which it can be said that there is a consistent principle, going back through history, of the clergy of Christian churches being granted exemption from actions in the civil, as distinct from criminal, law. It then moves on to examine constitutional guarantees of the autonomy of religious bodies, looking at the position in the US and the effect of the First Amendment, at other jurisdictions and at the effect of the European Convention on Human Rights. Here it is noted that UK courts have, in general, paid little attention to the effect of this on clergy employment rights. On the assumption that religious bodies do have a degree of autonomy, the chapter then examines how this affects judicial determination of any internal church matters. It ends by noting that there is a limited potential for judicial review of decisions affecting the clergy and this could be an alternative route for the clergy to bring claims where they do not have employment status.
