Discrimination in Public Law

Adam Straw QC, Oliver Persey

• Publisher: Legal Action Group
• Year: 2022
• Print ISBN: 9781913648473
• eBook ISBN: 9781913648480

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.Contents include: Part A: Equality Act 2010•The protected characteristics•The context•Exceptions•Proportionality•Prohibited conduct•Enforcement and remediesPart B: The public sector equality dutyPart C: Article 14 of the European Convention on Human Rights•Types of discrimination•The test for discrimination•Justification•Specific situations•Enforcement and remediesPart D: European Union law•Retained EU law•EU equality lawPart E: Public law equal treatmentDiscrimination in public law will be an essential text on discrimination, for all levels of public lawyer.

Table of contents

• Cover
• Half Title
• Series Page
• Title Page
• Copyright
• Preface
• Contents
• Table of cases
• Table of statutes
• Table of statutory instruments
• Table of European and international legislation
• Part A: Equality Act 2010
• 1 Introduction
• 2 The protected characteristics
• 3 The context
• 4 Exceptions
• 5 Proportionality
• 6 Prohibited conduct
• 7 Enforcement and remedies
• Part B: The public sector equality duty
• 8 The public sector equality duty
• Part C: Article 14 of the European Convention on Human Rights
• 9 Introduction
• 10 Types of discrimination
• 11 The test for discrimination
• 12 Justification
• 13 Specific situations
• 14 Enforcement and remedies
• Part D: European Union law
• 15 Retained EU law
• 16 EU equality law
• Part E: Public law equal treatment
• 17 Public law equal treatment
• Appendix
• Index