Abstract

http://ssrn.com/abstract=1149257
 
 

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Equality Legislation and Reflexive Regulation: A Response to the Discrimination Law Review's Consultative Paper


Christopher McCrudden


Queen's University Belfast - School of Law; University of Michigan Law School

September 2007

Industrial Law Journal, Vol. 36, Issue 3, pp. 255-266, 2007

Abstract:     
The publication of the recent Consultation Document, proposing a new legislative framework for a Single Equality Bill for Great Britain, provides the opportunity for consideration of the regulatory approaches that might be adopted in such legislation. The regulatory approaches adopted in previous anti-discrimination legislation are considered, followed by a discussion of a newer approach to regulation, which has been termed reflexive regulation . This newer form of regulation appears to form the preferred basis for regulation in the Consultation Paper. The potential problems with this method of regulation are examined, in particular the need to ensure that the pre-conditions for effective reflexive regulation are identified and created. It is argued that the Consultation Paper has failed to address this issue, and that several changes need to be made before the use of reflexive regulation in the area of equality is likely to be successful.

Accepted Paper Series


Not Available For Download

Date posted: June 22, 2008  

Suggested Citation

McCrudden, Christopher, Equality Legislation and Reflexive Regulation: A Response to the Discrimination Law Review's Consultative Paper (September 2007). Industrial Law Journal, Vol. 36, Issue 3, pp. 255-266, 2007. Available at SSRN: http://ssrn.com/abstract=1149257 or http://dx.doi.org/10.1093/indlaw/dwm015

Contact Information

Christopher McCrudden (Contact Author)
Queen's University Belfast - School of Law ( email )
School of Law
Belfast BT7 1NN, BT7 1NN
Ireland
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
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