The author is to be commended for a willingness to tackle such a broad subject … The ideas raised in the book around creative interpretation and problem solving are worth greater debate in this increasingly high-profile area of the law.

The Commonwealth Lawyer

The work is engaging and clear, covering a broad and complex field using a light yet sophisticated approach.

Sydney Law Review

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.

Les mer

1. Introduction

Part I: Interpreting Discrimination Law Creatively?
2. Finding Meaning in Legislation
3. Developing the Purpose of Discrimination Law

Part II: A ‘creative’ approach in practice
4. Social Groups and Disadvantage
5. Interrogating the Harm

Part III: What Does a ‘Creative’ Interpretation of Legislative Intent Require from Judges?
6. Values and Legitimacy
7. Institutional Competence and Redistribution
8. Conclusion

Les mer
An extensive interrogation of the judicial role in developing statutory discrimination law in three jurisdictions: the UK, Canada and Australia.
Provides a critical and extensive comparative doctrinal analysis of statutory discrimination law in the UK, Canada and Australia

Produktdetaljer

ISBN
9781509952960
Publisert
2025-02-20
Utgiver
Vendor
Hart Publishing
Vekt
400 gr
Høyde
232 mm
Bredde
152 mm
Dybde
16 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
288

Forfatter

Biografisk notat

Alice Taylor is Assistant Professor at Bond University Faculty of Law, Australia.