Law and Social Change 1

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  • Law and Social Change 1
    • The Rule of Law
      • All subject
      • All equal
      • Without= Hobbes' State of Nature
      • Dicey: No man is above the law.. every man is subject to the ordinary law of the realm and amenable to the jurisdiction of ordinary tribunals
      • Two Models:
        • 1. Specific and detailed regulation
          • Little scope for deviation
        • 2. Looser Concept
          • More scope for interpretation and amendment
    • Joseph Raz (1977)
      • Law should be:
        • Stable
        • Clear
        • Impartial/ tribunals
        • Prospective, rather than retrospective
        • Court proceedings should be opened and fair
        • Prescriptive, rather than descriptive
        • Courts should be accessible
        • Made by open and clear processes
    • Social Law
      • The Disability Discrimination Act 1995
      • The Race Relations Act 1976
      • The Equality Act 2010
        • Royal Assent April 2010
          • Aim is to reform and harmonise discrimination law and to strengthen the law to support progress of equality
          • Replaces all existing equality legislation, including Equal Pay Act 1970
      • The Sex Discrimination Act 1975
    • Equality before the law
      • Age
      • Disability
      • Gender/Sex
      • Religion/ Belief
      • Race
      • Pregnancy and Maternity
      • Marriage and Civil Partnership
      • Sexual Orientation
    • Prohibited Conduct
      • Indirect Discrimination
      • Harassment (incl. 3rd party)
      • Discrimination 'arising from' disability
      • Victimisation
      • Direct Discrimination
        • Discrimination by association
        • Discrimination by perception
        • Combined discrimination: dual characteristics

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