Interpreting Discrimination Law Creatively
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Interpreting Discrimination Law Creatively
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Author : Alice Taylor (author)
language : en
Publisher:
Release Date : 2023
Interpreting Discrimination Law Creatively written by Alice Taylor (author) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Discrimination categories.
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Interpreting Discrimination Law Creatively
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Author : Alice Taylor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-08-24
Interpreting Discrimination Law Creatively written by Alice Taylor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-24 with Law categories.
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
The English Judiciary Discrimination Law And Statutory Interpretation
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Author : Michael Connolly (Law teacher)
language : en
Publisher:
Release Date : 2018
The English Judiciary Discrimination Law And Statutory Interpretation written by Michael Connolly (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
The English Judiciary Discrimination Law And Statutory Interpretation
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Author : Michael Connolly (Law teacher)
language : en
Publisher:
Release Date : 2019
The English Judiciary Discrimination Law And Statutory Interpretation written by Michael Connolly (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Courts categories.
This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .
Discrimination Law 28
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Author : BLOOMSBURY ACADEMIC
language : en
Publisher: Bloomsbury Professional
Release Date : 2013-06-30
Discrimination Law 28 written by BLOOMSBURY ACADEMIC and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-30 with categories.
No Marketing Blurb
Discrimination Law 30
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Author : Bloomsbury Publishing Plc
language : en
Publisher: Bloomsbury Academic
Release Date : 2014-01-31
Discrimination Law 30 written by Bloomsbury Publishing Plc and has been published by Bloomsbury Academic this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-31 with categories.
Anti Discrimination Law In Civil Law Jurisdictions
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Author : Barbara Havelková
language : en
Publisher: Oxford University Press
Release Date : 2019-12-12
Anti Discrimination Law In Civil Law Jurisdictions written by Barbara Havelková and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.
This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.
Discrimination Law
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Author : Janet Dine
language : en
Publisher: Gaunt
Release Date : 1996
Discrimination Law written by Janet Dine and has been published by Gaunt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Social Science categories.
Objectivity - Bob Watt
Discrimination Law
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Author : Aileen McColgan
language : en
Publisher:
Release Date : 2002
Discrimination Law written by Aileen McColgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with categories.
Dynamic Interpretation European Anti Discrimination Law In Practice Iv
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Author : Equinet : European Network of Equality Bodies
language : en
Publisher:
Release Date : 2009
Dynamic Interpretation European Anti Discrimination Law In Practice Iv written by Equinet : European Network of Equality Bodies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Equality before the law categories.