In the Archbishop of Canterbury's Foreword to the findings of the Anglican Communion Legal Advisers' Network, Rowan Williams argues that law is a way of securing two things for the common good: equity and responsibility. Law is against arbitrariness and for knowing who is responsible for this or that. Law in the Church is also about equitable life in the communion of the Body of Christ and the mutual obligations of our interdependence. As Convenor of the Legal Advisers' Network, Canon John Rees observes that their work, which emerged as The Principles of Canon Law Common to the Churches of the Anglican Communion, is not a quick fix to the contemporary problems of the Anglican Communion. Nor is it a covert device for the introduction of a universal canon law for the whole Anglican Communion with an aim to impose covenantal sanctions for churches which do not toe the line.

This article considers some of the controversies that have troubled the Anglican Communion during the past 25 years, and some of the approaches that the Churches and central Instruments of the Communion have used to maintain communion in the face of threatened division. In particular, it looks in detail at the terms of the proposed Anglican Covenant, its provenance and its legal significance. It points out the usefulness of the Covenant as a mechanism for resolving disputes between the Churches of the Communion, but questions the assumption that its adoption as, in effect, a contract between the Churches would of itself turn the Communion into a ‘two-tier’ body, or change in a fundamental way the nature of the relationships between the Churches. Finally, it notes that communion between the Churches of the Anglican Communion, with or without the Covenant, consists (as it always has done) in a wide range of relationships at very many different levels, far beyond the central structures of the Communion as they have developed during the last 150 years.

The relation of religious law to theology is basic to any faith community. In this article, chiefly in terms of Roman Catholicism, but it is hoped of wider application especially within Christianity, the relation of canon law to theology is examined through papal allocutions to the judges and other members of the Church court known as the Roman Rota. There are significant British links to the Rota before and after the Reformation. The 2009 allocution by Benedict XVI is the focus for considering the theological and normative authority of such allocutions. Pius XII has been one of the few canonists to become Pope in modern times, and the co-ordinated set of allocutions from 1945 to 1949 given by him to the Rota is therefore taken as the focus for reflecting on the nature and functions of canon law today. This involves the consideration of both theology and law, including secular law. The ecclesiological character of canon law will emerge as central.

The ecumenical movement seeks to achieve Christian unity through greater visible communion between the separated (or divided) institutional Churches of Christianity worldwide. The practice of ecumenism and ecumenical theology have developed principally at the doctrinal and theological levels. The juridical instruments of Churches have not thus far played a central role in ecumenical discourse – they are occasionally seen as the ‘missing link’ in ecumenism. This article examines for the first time, in a wide comparative compass, the treatment of ecumenism in the juridical instruments of separated Christian traditions and their institutional Churches worldwide. It proposes that these instruments should have a more prominent place in ecumenical practice and theology in so far as they tell us much about the scope of both the commitment of Churches to and their participation in the ecumenical enterprise. Juridical instruments define what ecclesial communion is possible and what is not, either enabling or restricting the development of greater visible communion between separated Churches in the quest for Christian unity. As such, this ‘juridical ecumenism’ offers both a theoretical and a practical framework for the global transformation of ecumenism to complement but not replace the current dominance of the doctrinal and theological focus in contemporary ecumenical method and practice.