Book contents
- Justice for Everyone
- Justice for Everyone
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Treaties and Conventions
- Brenda Hale Bibliography
- Part I Introduction
- Part II Personal Reflections
- Part III Academic
- Part IV Law Commissioner
- Part V Judge
- Judicial Leadership
- Family Law and Children’s Rights
- Human Rights and the State
- 23 Orthodox Principles and Unconventional Outcomes in Public Law
- 24 Lady Hale
- 25 Baroness Hale
- 26 ‘A Homemaker as Well as a Judge’
- 27 Gender Equality and Article 14 ECHR
- Private Law and the Individual
- Part VI Creative Encounters
- Index
25 - Baroness Hale
The Reality and Complexity of Welfare Law
from Human Rights and the State
Published online by Cambridge University Press: 05 May 2022
- Justice for Everyone
- Justice for Everyone
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Treaties and Conventions
- Brenda Hale Bibliography
- Part I Introduction
- Part II Personal Reflections
- Part III Academic
- Part IV Law Commissioner
- Part V Judge
- Judicial Leadership
- Family Law and Children’s Rights
- Human Rights and the State
- 23 Orthodox Principles and Unconventional Outcomes in Public Law
- 24 Lady Hale
- 25 Baroness Hale
- 26 ‘A Homemaker as Well as a Judge’
- 27 Gender Equality and Article 14 ECHR
- Private Law and the Individual
- Part VI Creative Encounters
- Index
Summary
This chapter is concerned with Baroness Hale’s contribution – as a judge – to the development of an area of law with which I have had a close involvement over a very considerable period of time – in fact since the early 1970s and even before I had any formal legal education. There are a variety of labels that can be used to describe the very general area – or at least particular parts of it. These all have their own connotations, bringing with them reminders of the particular characteristics of the subject matter. Thus, the term ‘national insurance law’ described the system of law that had developed through the twentieth century and dealt with the classic contributory benefits such as unemployment and sickness benefit, and the state retirement pension. It was closely related to industrial injuries benefits, another (though non-contributory) system which conferred direct entitlement derived from statutory provisions. These two areas gained additional prominence following the post-war Beveridge reforms. Other components were the critical means-tested benefits, initially – immediately post-war – national assistance, which later became supplementary benefits, then income support and jobseeker’s allowance. These benefits are now being subsumed, slowly, into universal credit, which plays their function together with the function of ‘in work’ benefits such as tax credits.
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- Justice for EveryoneThe Jurisprudence and Legal Lives of Brenda Hale, pp. 278 - 289Publisher: Cambridge University PressPrint publication year: 2022
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