Judicial review in equal treatment cases
"In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may lead to diverging approaches and outcomes, which is undesirable from the perspective of equality and legal uncertainty. The use of the assessment model developed in this study will improve judicial reasoning and enhance …
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- Full title :Judicial review in equal treatment cases / by J.H. Gerards.
Summary
"In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may lead to diverging approaches and outcomes, which is undesirable from the perspective of equality and legal uncertainty. The use of the assessment model developed in this study will improve judicial reasoning and enhance the legitimacy of equal treatment case law." "The general assessment model developed in this study is based on theoretical research into the standards that should be used in assessing cases against the principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is the design of an assessment model that is both theoretically sound and workable in practice."
Read More ↓Edition Statements
- Publication Date:©2005.
Publication Statements
- Publisher(s):M. Nijhoff Publishers
- Place of Publication:Leiden
- Language:eng
- Publication Date:©2005.
Notes
Originally presented as theauthor's thesis (doctoral)--Maastricht University, 2002 under the title Rechterlijke toetsing aan het gelijkheidsbeginsel. Een rechtsvergelijkend onderzoek naar een algemeen toetsingsmodel.
The Physical Object
- Description:xvi, 767 pages ; : 25 cm.
Edition Identifiers
- ISBN:9004143793, 9789004143791
- oclc:ocm57669680
- LC Classification:K3242
- Dewey Decimal:342.08/5
Table of Contents
General introduction: The need for a general decision model -- A theoretical model for judicial decision-making on the principle of equality -- Assessment against Article 14 of the European Convention on Human Rights by the European Court of Human Rights -- Assessment by the European Court of Justice against the principle of equality -- Assessment against the equal protection clause by the [United States] Supreme Court -- Assessment against the principle of equality in the Netherlands -- Conclusion: Towards a general assessment model.
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