Rational men and difficult women – R (on the application of McDonald) v. Royal Borough of Kensington and Chelsea [2011] UKSC 33

Abstract

The case note argues that the failure of the Supreme Court justices to recognise Ms McDonald's claim to dignity and equal treatment can be explained by the neo-liberal context of contemporary judicial reasoning. It sets out the circumstances of Ms McDonald's application for judicial review and the legal framework of community care; it then explores the legal reasoning of the majority of the court, and the response to Baroness Hale's dissent, before commenting on the extent to which the decision demonstrates neo-liberal characteristics.

Keywords:

• adult social care
• dignity
• rationality
• financial crisis
• neo-liberalism