The Positive Effect of Judicial Review on the Quality of Local Government

Sunkin, Maurice; Platt, Lucinda; Calvo, Kerman

doi:10.5235/108546810794046403

Cited by 3 publications

(2 citation statements)

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“…The Fawcett Society has made use of this tool and its challenge indicates that rather than there being a lack of stakeholder engagement with the legislation, as argued by McCrudden (2007), the weakness lies in the legislation’s enforcement mechanisms. Judicial reviews brought by interested parties under the equality duties have produced contradictory judgements, perhaps because the outcomes of judicial reviews are heavily influenced by the particular judge (Sunkin et al, 2008). In the Fawcett challenge, a compelling case for granting judicial review seems to have been eclipsed by a desire to maintain political stability in the face of the economic crisis.…”

Section: Resultsmentioning

confidence: 99%

Using equality to challenge austerity: new actors, old problems

Conley

2012

Work, Employment and Society

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This article critically examines the potential for ‘new actors’ in industrial relations to use developments in equality law to challenge government economic policy. The author draws on documentary analysis of the Fawcett Society’s attempt to gain a judicial review of the 2010 emergency budget alongside legal theory in relation to reflexive regulation and literature that examines ‘new actors’ in industrial relations. The aim is to stimulate debate on the role of the state and social movements in pursuing gender equality and how the latter might compete with or complement the role of trade unions. The concluding argument is that, while reflexive legislation provides opportunities for social movements to complement trade union activity, the role of the state remains contradictory, ultimately thwarting legal enforcement of equality when its economic authority and the interests of capital are threatened.

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Section: Resultsmentioning

confidence: 99%

Using equality to challenge austerity: new actors, old problems

Conley

2012

Work, Employment and Society

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“…There has been considerable empirical research dedicated to determining whether the expansion of judicial review in Britain has led to greater protection of individual rights and improved public body decision-making. Much of this research concludes in the affirmative (Sunkin, Bridges and Meszaros 1998;Sunkin, Platt and Calvo 2010). Thus we could argue that allowing moral values to enter the law, with at the most a tenuous link to social fact, and at the least a complete disregard of clear social fact, has led to beneficial consequences.…”

Section: Practical-political Arguments: Some Examplesmentioning

confidence: 91%

Practical‐Political Jurisprudence and the Dual Nature of Law

Nason

2013

Ratio Juris

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Law contains many dualities, though most, if not all, of these dualities resolve into one complex puzzle: To what extent is law a matter of pure social facts, or moral value untethered to social facts? I argue that each concept of law reconciles this duality in a different way on the basis of certain beneficial consequences that might result. Instead of pitting concepts against one another universally, we should accept that the balance between law's social fact and moral value dimensions is context‐specific in relation to particular legal puzzles. This balance can be achieved only by considering both political theory and empirical data.

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The structure and governance of the English judiciary

Shetreet

Turenne

2013

Judges on Trial

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The Positive Effect of Judicial Review on the Quality of Local Government

Cited by 3 publications

References 2 publications

Using equality to challenge austerity: new actors, old problems

Using equality to challenge austerity: new actors, old problems

Practical‐Political Jurisprudence and the Dual Nature of Law

The structure and governance of the English judiciary

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