LAW40760 NGOs: Law, Governance and Social Change

Academic Year 2021/2022

This seminar examines the law relating to non-governmental organisations, non-profit organisations and charities. Using Ireland as a case-study, the seminar explores the political, social and legal context in which NGOs operate in Ireland, neighbouring jurisdictions and internationally. Why do we turn to government or the market for some services and yet choose non-profits for others?

Drawing on the experiences of other common law countries, the seminar maps regulatory trends in charity law and considers whether the space for civil society is shrinking or enlarging.

Starting with a survey of contemporary issues in charity law, the module considers the role of charities/non-profit organizations in the political economy vis-à-vis the state and the market before considering political and philosophical questions governing the meaning of charity and philathropy. Following the life cycle of a charitable organization from establishment to operation and ultimate dissolution the module examines broadly:-- the legal frameworks within which NGOs operate and are regulated;-- the legal rights and obligations of directors, trustees, officers and members of NGOs; and -- Legal and tax implications related to charitable giving, advocacy, lobbying, political and commercial activities of tax-exempt NGOs. Consideration is given to current international debates on issues ranging from the introduction of national and international counter-terrorism measures and varying approaches of countries towards rights of freedom of assembly and association.

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Curricular information is subject to change

Learning Outcomes:

At the completion of this module: Students should have acquired knowledge and understanding of the key legal principles and rules involved in the law of charities and other civil society organisations in Ireland. This understanding will be reinforced by a clinical engagement with an Irish charity with students partnering with a registered Irish charity for the duration of the module.

Students should be able to demonstrate an understanding of how the regulatory regime interfaces and compares with comparative charity regulatory regimes in other common law jurisdictions and be able to describe and critically compare these regimes with each other. Students should be able to make a clear and informative individual presentation to an audience of peers on aspects of charity law and to contribute actively to team activities. Students should be able to engage with contemporary legal and political debates about charities and other civil society organisations and students should be able to provide, orally and in writing, clear descriptions, comparisons and evaluations of the treatment of these issues in the jurisdictions studied.

Indicative Module Content:

Introduction to the framework of NGO regulation
Why Charity?
Defining Mission
Form or Substance: Choosing a legal vehicle to establish an NGO
The Statutory Regulation of Charities in Ireland
The Regulation of Fundraising
Financial Accounting Regulation – Looking at the Books
Current Issues in Freedom of Assembly and Association
Governance and Fiduciary Duties – The Stakeholder Debate
Cross border International Giving – Perils and Pitfalls

Student Effort Hours: 
Student Effort Type Hours
Seminar (or Webinar)

24
Autonomous Student Learning

256
Total

280
Approaches to Teaching and Learning:
This module adopts a number of approaches to teaching and learning to reflect the variation of student learning styles and in order to deepen postgraduate learning in a clinical seminar setting. Students work in teams with an adopted charity for their field work experience to prepare a governance review report to present to the charity. Students work individually in the preparation of a term research paper tied to one of the core areas of the module. Students benefit from continuous assessment in their weekly submission of 'Show & Tell' media pieces and personal reflections, which are shared with all students and thus aid peer learning. Students also work in groups to analyse key readings for each class and share their insights into the authors in advance of class with all class members thus aiding class learning while minimising the work for all. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Incompatibles:
POL41680 - NGOs: Law, Governance & Social


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Portfolio: Show & Tell Portfolio weeks 2 to 11 Week 12 n/a Graded No

60
Group Project: Adopted Charity Report Coursework (End of Trimester) n/a Graded No

40

Carry forward of passed components
Yes
 
Remediation Type Remediation Timing
Repeat (CFP) Within Three Semesters
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, on an activity or draft prior to summative assessment
• Group/class feedback, post-assessment
• Peer review activities

How will my Feedback be Delivered?

Students 'Show and Tell' posts which are submitted in two tranches - mid semester and end of semester offer an opportunity for moderated feedback which is shared on a class wide basis so that all learn from the experiences of the individual. Feedback is given to adopted charity teams throughout the semester as they engage with their adopted charity. This feedback takes place both in class and as part of weekly consultation hours made available to students to discuss issues arising. Individual feedback is provided on the charity reports at the end of the examination period to allow students to correct legal inaccuracies or to follow up on important issues and to revise their reports accordingly prior to sharing them with their adopted charities. Students may seek individual feedback by arranging an appointment with the module coordinator post examination results release.

Name Role
Sergey Katsuba Tutor