This chapter examines how social security entitlement has developed in the UK and the legislative process through which Parliament scrutinises the implications of social policy choices. Lord Kerr’s dissenting judgments in two cases that challenged social security regulations, under which the amount of income from social security benefits a household can receive is limited by a statutory benefit cap, are considered as part of his contribution to evaluating the adequacy of the scrutiny process, the innovative legal thinking by which social security rights can be protected and the value of his dissents.
|Title of host publication||The Judicial mind|
|Subtitle of host publication||A Festschrift for Lord Kerr of Tonaghmore|
|Publication status||Accepted/In press - 2022|
- Lord Kerr; social security; benefit cap; discrimination; poverty