Empowering Charities Through Legal Reform

Beyond The Nexus: Empowering Charitable Advocacy Within Legal Boundaries

Julia Andrusiak

Charities play a pivotal role in advocating for social change, yet they navigate a complex landscape of legal and regulatory frameworks that both empower and restrict their activities. This paper critically examines the current constraints and opportunities within charity law, focusing on the dual challenges of political activity and donor influence. Despite the essential role of advocacy in fulfilling charitable missions, legal restrictions, as embodied in the Charity Commission’s CC9 guidance and the Lobbying Act, create a restrictive environment that often leads to self-censorship among charities. Additionally, the influence of donors, particularly the alignment of their intentions with public benefit, presents a nuanced challenge. The cy-près doctrine’s application in adjusting charitable purposes to evolving societal needs is discussed as a mechanism to reconcile donor intent with contemporary social imperatives. Through an analysis of landmark legal cases and legislation, this paper proposes reforms to redefine ‘political activity’ in charity law, enabling more robust advocacy aligned with charitable missions. It suggests that clarifying legal guidelines and reforming donor influence frameworks could significantly enhance the effectiveness of charities in serving public needs and advocating for policy changes. By addressing these challenges, the paper advocates for a legal and regulatory environment that not only respects but also empowers the critical voice of charities in public discourse and policy advocacy.

Read the full article