1st Edition

The Judiciary, Discrimination Law and Statutory Interpretation Easy Cases Making Bad Law

By Michael Connolly Copyright 2019
289 Pages
by Routledge

290 Pages
by Routledge

290 Pages
by Routledge

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... Read more

Table of authorities



Preface



1 INTRODUCTION

2 COMMON TOOLS OF STATUTORY INTERPRETATION



3 AN INTRODUCTION TO THEORIES AND AIMS OF DISCRIMINATION LAW



4 THE COMMON LAW AND EQUALITY



5 THE BENIGN MOTIVE ‘DEFENCE’ AND DIRECT DISCRIMINATION



6 THE BENIGN MOTIVE DEFENCE’ AND VICTIMISATION



7 VICTIMISATION AND CONTEMPT OF COURT



8 PROBLEMS WITH INDIRECT DISCRIMINATION



9 DISABILITY-RELATED DISCRIMINATION



10 CONCLUSION



Bibliography



Index

Biography

Dr Michael Connolly is Senior Lecturer at the University of Portsmouth, UK. 

‘This is beautifully written and develops a thoughtful, innovative and interesting argument on a matter of considerable importance. The method used entails an unusual, multi-layered and deep analysis of well-trodden ground, leading to thought-provoking, well-reasoned conclusions and some pragmatic practical proposals.'

Lizzie Barmes, Professor of Labour Law & Co-Director QMUL School of Law Centre for Research on Law, Equality and Diversity, Queen Mary University of London