| Description |
1 online resource (291 pages) |
| Contents |
The English Judiciary, Discrimination Law and Statutory Interpretation- Front Cover; The English Judiciary, Discrimination Law and Statutory Interpretation; Title Page; Copyright Page; Contents; Table of authorities; Cases; Statutes; Statutory instruments; EU legislation; Preface; Chapter 1: Introduction; The key concepts, drafting, and judges today; The approach of this book; Chapter 2: Common tools of statutory interpretation; Introduction; An outline of the habitual rules; The influence of the European courts; The approach of the EU Court of Justice |
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The European Convention on Human Rights and the Strasbourg CourtConclusion; Further reading; Chapter 3: An introduction to theories and aims of discrimination law; Introduction; The meaning of discrimination; The aims of the law; Further reading; Chapter 4: The common law and equality; Introduction; Further reading; Chapter 5: The benign motive 'defence' and direct discrimination; Introduction; R (E) v Governing Body of JFS; Further reading; Chapter 6: The benign motive 'defence' and victimisation; Introduction; Conclusion; Further reading; Chapter 7: Victimisation and contempt of court |
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IntroductionThe legislation and troublesome cases; Criminal contempt of court; Conclusion; Further reading; Chapter 8: Problems with indirect discrimination; Introduction; The facially neutral requirement: the 'Perera problem'; Disadvantage and Mandla; The comparison required; The Court of Appeal's reason why theory; Conclusion; Further reading; Chapter 9: Disability-related discrimination; The case of Malcolm; Conclusion; Further reading; Chapter 10: Conclusion; Introduction; Six particular themes; Proposals; Epilogue; Bibliography; Index |
| Summary |
In 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that 'a subordinate and inferior class of beings' qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time. This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today's higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. 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 -using conventional methods of interpretation; this would have produced simpler, technically sound judgments. Rather like the case of Dred Scott, these were easy cases producing bad law |
| Notes |
Print version record |
| Subject |
Judges -- England -- History
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Courts -- England -- History
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Discrimination -- Law and legislation -- England
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Law -- England -- Interpretation and construction
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Courts.
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Discrimination -- Law and legislation.
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Judges.
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Law -- Interpretation and construction.
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benign motive defence.
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brexit.
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contempt of court.
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disability-related discrimination.
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discrimination.
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equality.
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european convention on human rights.
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european courts.
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gender discrimination.
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golden rule.
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human dignity.
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indirect discrimination.
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literal rule.
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racial discrimination.
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religious discrimination.
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sexual orientation discrimination.
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the common law.
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the mischief rule.
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the purposive approach.
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victimisation.
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habitual rules.
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morality.
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Courts
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Discrimination -- Law and legislation
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Judges
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Law -- Interpretation and construction
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England
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| Genre/Form |
History
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| Form |
Electronic book
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| ISBN |
9780429834806 |
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0429834802 |
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