Interpreting Discrimination Law Creatively: Statutory Discrimination Law in the UK, Canada and Australia

Abstract

Intro -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation and International Instruments -- 1. Introduction -- I. The Question -- II. The Context -- III. The Dataset -- IV. The Argument -- PART I: INTERPRETING DISCRIMINATION LAW CREATIVELY? -- 2. Finding Meaning in Legislation -- I. Comparing the Legislative Regimes -- II. History and Context -- III. The Search for Meaning: A Creative Interpretation -- 3. Developing the Purpose of Discrimination Law -- I. The Early Literature: Discrimination Law and Formal Equality -- II. Discrimination Law's Substantive Purpose: Liberty or Equality? -- III. Discrimination Law and Substantive Equality -- IV. A 'Creative' Interpretation of Discrimination Law -- PART II: A 'CREATIVE' APPROACH IN PRACTICE -- 4. Social Groups and Disadvantage -- I. Addressing Socio-Economic and Historical Disadvantages: Race, Ethnic Origins, National Origins and Nationality -- II. Accommodation and Changing the Workplace: Pregnancy, Family Responsibility and Sex Discrimination -- III. Disability, Stigma and Stereotype -- IV. Comparing Approaches -- 5. Interrogating the Harm -- I. Comparison -- II. Reason and Cause -- III. Accommodation and Adjustments -- IV. Justification -- V. Comparing the Approaches -- VI. A Creative Approach in Practice -- PART III: WHAT DOES A 'CREATIVE' INTERPRETATION OF LEGISLATIVE INTENT REQUIRE FROM JUDGES? -- 6. Values and Legitimacy -- I. Values Underpinning Statutory Discrimination Law -- II. Quasi-Constitutionalism and Discrimination Law -- III. Judicial Legitimacy and Statutory Non-Discrimination Rights -- IV. Conclusion -- 7. Institutional Competence and Redistribution -- I. Discrimination Law's Distributive Potential -- II. The Competency Challenge -- III. Competence, Distribution, and the Provision of Government Services -- IV. Conclusion -- 8. Conclusion -- I. Contribution.

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Interpreting discrimination law creatively: statutory discrimination law in the UK, Canada, and Australia

Taylor, Alice

Taylor, Alice

Abstract

"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"--

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