Law and Social Change 1
- Created by: Alex.Byrne
- Created on: 26-05-18 10:28
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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
- 1. Specific and detailed regulation
- 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
- Law should be:
- 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
- Royal Assent April 2010
- 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
- The Rule of Law
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