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

12 Pages Posted: 6 Jul 2007

See all articles by Christopher McCrudden

Christopher McCrudden

Queen's University Belfast - School of Law; University of Michigan Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

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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 preconditions 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.

Suggested Citation

McCrudden, Christopher, Equality Legislation and Reflexive Regulation: A Response to the Discrimination Law Review's Consultative Paper. Industrial Law Journal, Vol. 36, No. 3, 2007 , Available at SSRN: https://ssrn.com/abstract=995300

Christopher McCrudden (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, Northern Ireland BT7 1NN
United Kingdom

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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