Equality Before the Law: Equal Dignity, Wrongful Discrimination, and the Rule of Law (Hart Studies in Constitutional Theory)

Series Editors’ Foreword Acknowledgements Contents Introduction: Constitutional Value and Constitutional Theory I. Equality as a Fundamental Value 1. Legal Equality: Form and Substance I. Treating Like Cases Alike II. Equal Subjection to Law III. Non-Discrimination IV. Equals before the Law 2. Legal Equality and Social Policy I. Equal Concern and Respect II. Consequentialist Equality III. Deontic Equality IV. Legal Equality and the Limits of Public Law V. Stare Decisis 3. Equal Dignity and the Rule of Law I. Dignity and Legality II. Dignity and Equality III. Hierarchy: Dignity Implies Equality IV. Levelling Down: Equality Needs Dignity 4. Discrimination: The Concept I. Clarifying the Concept II. Discrimination as a Relational Concept III. Demeaning Discrimination, Disrespect, and Social Meaning IV. Indirectly-Equality-Violating Discrimination 5. Discrimination and Judicial Review I. Reasonableness and Relevancy II. An Overly Restrictive Standard? III. Reasonableness and Rationality IV. Demeaning Discrimination as Distinct from Inconsistency V. The Rule against Bias and the Importance of Expression 6. Indirect Discrimination and Substantive Equality I. Indirect Discrimination and Harm to Social Groups II. Indirect Discrimination and Formal Equality III. Group Interests and Affirmative Action IV. Conclusion 7. Political Discretion and the Common Good I. Equality and the Public Interest II. Discretion III. Legal Reasoning and the Common Good Bibliography Index