Suchergebnisse

Intro -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation and International Instruments -- 1. Introduction -- I. The Question -- II. The Context -- III. The Dataset -- IV. The Argument -- PART I: INTERPRETING DISCRIMINATION LAW CREATIVELY? -- 2. Finding Meaning in Legislation -- I. Comparing the Legislative Regimes -- II. History and Context -- III. The Search for Meaning: A Creative Interpretation -- 3. Developing the Purpose of Discrimination Law -- I. The Early Literature: Discrimination Law and Formal Equality -- II. Discrimination Law's Substantive Purpose: Liberty or Equality? -- III. Discrimination Law and Substantive Equality -- IV. A 'Creative' Interpretation of Discrimination Law -- PART II: A 'CREATIVE' APPROACH IN PRACTICE -- 4. Social Groups and Disadvantage -- I. Addressing Socio-Economic and Historical Disadvantages: Race, Ethnic Origins, National Origins and Nationality -- II. Accommodation and Changing the Workplace: Pregnancy, Family Responsibility and Sex Discrimination -- III. Disability, Stigma and Stereotype -- IV. Comparing Approaches -- 5. Interrogating the Harm -- I. Comparison -- II. Reason and Cause -- III. Accommodation and Adjustments -- IV. Justification -- V. Comparing the Approaches -- VI. A Creative Approach in Practice -- PART III: WHAT DOES A 'CREATIVE' INTERPRETATION OF LEGISLATIVE INTENT REQUIRE FROM JUDGES? -- 6. Values and Legitimacy -- I. Values Underpinning Statutory Discrimination Law -- II. Quasi-Constitutionalism and Discrimination Law -- III. Judicial Legitimacy and Statutory Non-Discrimination Rights -- IV. Conclusion -- 7. Institutional Competence and Redistribution -- I. Discrimination Law's Distributive Potential -- II. The Competency Challenge -- III. Competence, Distribution, and the Provision of Government Services -- IV. Conclusion -- 8. Conclusion -- I. Contribution.

This study of Scottish royal government in the twelfth and thirteenth centuries uses untapped legal evidence to set out a new narrative of governmental development. Between 1124 and 1290, the way in which kings of Scots ruled their kingdom transformed. By 1290 accountable officials, a system of royal courts, and complex common law procedures had all been introduced, none of which could have been envisaged in 1124

In a series of vignettes of life in her village, Alice Taylor reasserts the priorities of public space and local community. The Parish evokes and explores the positive values of community, which could be renewed and reinvigorated for a present and future that achieves harmony between comfort and the pressing need to respect the environment.

Recent discussions on whether or not to amend the Australian Constitution to 'recognise' Aboriginal and Torres Strait Islander peoples are important and long overdue for many Indigenous and non-Indigenous Australians. Federation in 1901 meant the loss of rights and freedoms for Indigenous Australians when the Constitution was made. Today, even after the changes brought about by the 1967 referendum, Australia is still the only democratic nation in the world with a Constitution with clauses that authorise discrimination on the basis of race (Davis & William 2015). Indeed, sub-section 51 of the Constitution allows the Commonwealth to make laws for the people of any race for whom they deem necessary, and section 25 allows the Commonwealth to disqualify individuals from voting because of their race. These disgraceful aspects of the Constitution have allowed such negative and damaging interferences in Indigenous Communities as the Howard government's 'Northern Territory Intervention'. Like Davis, I believe it is unacceptable for Australia as a modern liberal democracy to have a 'race power' in the Constitution (Davis 2008, p. 8), and so to eradicate that inequity, there must be a Constitutional amendment as well as a treaty put in place.