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Reconceptualising European Equality Law: A Comparative Institutional Analysis

Reconceptualising European Equality Law: A Comparative Institutional Analysis

Author: Johanna Croon-Gestefeld
Publisher: Hart Publishing
ISBN: 9781509909667

Published In: February 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509930135

List Price: HKD 1,170.00

HKD 1,134.90 Save HKD 35.10 (3%)

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Description
Contents

Details

This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality.

This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against legalist interpretation.

Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

1. Introduction

I. Equality: A Fundamental Principle Based on not so Stable Fundaments

II. The Need for Reconceptualising Equality Law or the Rationalist Human Rights Paradigm

III. EU Law as the Laboratory of Constitutional Theory

IV. The Institutional Choice Approach to EU Equality Law

2. The Notion of Equality

I. Why Equality?

II. What Kind of Equality?

III. The Relationship of Equality and Non-discrimination

3. Equality Testing: Different Kinds of Scrutiny

I. Three Standards of Scrutiny

II. Traditional Interpretive Explanation