Publisher:Legal Action Group
Page count:300
Discrimination in Public Law
Description: Discrimination in Public Law
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‘Clear, accessible exposition of the law that will be very useful for both experienced and new practitioners. It fills a gap for those practising in public law who are often not familiar with equality law and struggle with where to find such a helpful account.’ Karon Monaghan QC, Matrix Chambers
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
Prohibited conduct
Enforcement and remedies
Part B: The public sector equality duty
Part C: Article 14 of the European Convention on Human Rights
Types of discrimination
The test for discrimination
Specific situations
Enforcement and remedies
Part D: European Union law
Retained EU law
EU equality law
Part E: Public law equal treatment
Discrimination in public law will be an essential text on discrimination, for all levels of public lawyer.
Description: DIPL (210 x 148 mm)

About the author

Description: Adam Straw - author
Adam Straw KC is a barrister at Doughty Street Chambers, London.
Description: Ollie Persey - author
Ollie Persey is a public law barrister at Garden Court Chambers. He is a former co-chair of Young Legal Aid Lawyers.