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- Title
A CASE FOR RECOGNISING NON-DISCRIMINATION AS A FUNDAMENTAL RIGHT AT COMMON LAW.
- Authors
ALLEN, DOMINIQUE; BOUGHEY, JANINA; MEAGHER, DAN
- Abstract
This article seeks to make a case that the common law of Australia should now recognise non-discrimination as a fundamental right. To do so, we argue, would equip future generations of Australian judges with a normative and doctrinal tool that would commit the common law to take seriously - so far as institutionally and interpretively possible - the challenges of discrimination in the content and application of law. A conception of non-discrimination is offered, and we explain how it may inform the content of such a 'right' and the development of common law doctrine and interpretive principle. We then turn to consider where and how the recognition of non-discrimination as a fundamental right might perform meaningful work in contemporary Australian law. Our aim is a modest but important one. We hope to demonstrate that common law recognition of non-discrimination as a fundamental right is symbolically important and may prove doctrinally useful.
- Subjects
AUSTRALIA; COMMON law; CIVIL rights; JUDGES; DISCRIMINATION in law enforcement
- Publication
University of New South Wales Law Journal, 2023, Vol 46, Issue 3, p902
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/wvrh1333