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Books > Law > Jurisprudence & general issues > Comparative law
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Interpreting Discrimination Law Creatively - Statutory Discrimination Law in the UK, Canada and Australia (Hardcover)
Loot Price: R2,788
Discovery Miles 27 880
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Interpreting Discrimination Law Creatively - Statutory Discrimination Law in the UK, Canada and Australia (Hardcover)
Expected to ship within 9 - 15 working days
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Donate to Against Period Poverty
Total price: R2,808
Discovery Miles: 28 080
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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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