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

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Alice Taylor (Bond University, Australia)

Interpreting Discrimination Law Creatively

Statutory Discrimination Law in the UK, Canada and Australia

Alice Taylor (Bond University, Australia)

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English

Hart Publishing
20 February 2025

Discrimination in employment law

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.

By: Alice Taylor (Bond University Australia)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509952960
ISBN 10: 1509952969
Pages: 288
Publication Date: 20 February 2025
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Alice Taylor is Assistant Professor at Bond University Faculty of Law, Australia.

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

The author is to be commended for a willingness to tackle such a broad subject … The ideas raised in the book around creative interpretation and problem solving are worth greater debate in this increasingly high-profile area of the law. * The Commonwealth Lawyer * The work is engaging and clear, covering a broad and complex field using a light yet sophisticated approach. * Sydney Law Review *