chapter  10
14 Pages


ByMichael Connolly

This chapter focuses on six particular themes: technical shortcomings; the absence of basic interpretive tools; prolixity; ideological predilections; binary and fault-based liability; and evolution, stagnation, and regression. The poor judgments comprise inexpert and technically flawed thinking, undermining the efficacy and integrity of key definitions. A feature in addition to the technical shortcomings is the prolixity of the judgments. Whatever their expertise or experience in the area of discrimination law, many of the judges seem enthusiastic to bring to a case ideological predilections at odds with the widely accepted goals of discrimination law. The individualistic aspect of the binary approach is noticeable in the victimisation cases, which ignored any wider effect beyond the individual claimant. Although statutory anti-discrimination law is a relatively recent concept, one reasonably could expect a degree of evolutionary progress. Indeed, they represent regression or, at best, stagnation.