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Discrimination in Public Law

Discrimination in Public Law

Author: Adam Straw QC
Publisher: Legal Action Group
ISBN: 9781913648473
Published In: February 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 798.00

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Description
Contents

Details

Discrimination in Public Law is a new book on discrimination relevant to judicial review and to bodies which exercise a public function. In recent years there has been a huge amount of domestic, ECHR and EU case-law relevant to discrimination in public law, developing a range of complicated legal and procedural principles. This book seeks to provide a concise but comprehensive guide to the law and procedure, together with practical guidance, for any practitioner wishing to rely on discrimination arguments in a judicial review claim.

Discrimination in Public Law covers the four sources of law regarding equal treatment, so far as relevant to judicial review: the Equality Act 2010, Article 14 of the European Convention on Human Rights (ECHR), EU law so far as it is retained post-Brexit, and public law equal treatment. A practitioner who wishes to assess whether the decision or policy of a public body, or legislation, breaches equality law, should have an understanding of all four of those areas.

The book includes sections analysing the general principles of law and procedure, together with sections about all of the specific areas of public law where discrimination issues may arise, such as asylum, benefits, children’s rights, community care, education, housing, immigration, mental health, housing, health, police and prison law and trafficking.

By bringing these cases together across a full range of areas of law into one volume, Discrimination in Public Law aims to provide claimant practitioners with the tools to draw on useful authorities from outside their specialism. It highlights the leading authorities, but also aims to be a comprehensive source for decisions in particular fields.

Part A: Equality Act 2010

The protected characteristics

The context

Exceptions

Proportionality

Prohibited conduct

Enforcement and remedies

Part B: The public sector equality duty

Part C: Article 14 of the European Convention on Human Rights

Types of discrimination

The test for discrimination

Justification