Judicial Review in Equal Treatment Cases

Judicial Review in Equal Treatment Cases

by Janneke Gerards
     
 

In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of… See more details below

Overview

In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general 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 an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.

Product Details

ISBN-13:
9789004143791
Publisher:
Brill Academic Publishers, Inc.
Publication date:
03/30/2005
Series:
International Studies in Human Rights Series, #83
Pages:
774
Product dimensions:
6.60(w) x 9.70(h) x 2.10(d)

Meet the Author

Table of Contents

Acknowledgements,
Chapter 1 General Introduction: The Need for a General Decision Model,
Chapter 2 A Theoretical Model for Judicial Decision-making on the Principle of Equality,
Chapter 3 Assessment Against Article 14 of the European Convention on Human Rights by the European Court of Human Rights,
Chapter 4 Assessment by the European Court of Justice against the Principle of Equality,
Chapter 5 Assessment Against the Equal Protection Clause by the Supreme Court,
Chapter 6 Assessment Against the Principle of Equality in the Netherlands,
Chapter 7 Conclusion: Towards a General Assessment Model,
Appendices,
Case Law,
Bibliography.

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