- Title
- Conditional, Contested and Compromised? (Re)examining the Rationale for Discrimination Law in Australia
- Creator
- McLoughlin, KCasey; Meredith, Jacqueline; Ringin, Adrienne
- Relation
- University of Tasmania Law Review Vol. 42, Issue 1, p. 7-37
- Relation
- http://classic.austlii.edu.au/au/journals/UTasLawRw/2023/1.html
- Publisher
- University of Tasmania * Faculty of Law
- Resource Type
- journal article
- Date
- 2023
- Description
- What is the rationale and purpose of discrimination law? In this paper we seek to interrogate how political actors understand discrimination law and express its aims through an analysis of second reading speeches and parliamentary debates for each of the existing federal discrimination law statutes. Although extrinsic materials do not necessarily tell the whole story about policy or partisan objectives, we nonetheless argue that such an examination reveals much about the contested politics of rights in Australia. Importantly, these parliamentary discourses highlight the consistent failure to formulate a coherent account of the objectives of discrimination law. We argue that this lack of conceptual clarity has ongoing consequences, not only for how law is interpreted, but in continuing to shape and inform law reform efforts.
- Subject
- discrimination law; Australia; politics of rights; law reform
- Identifier
- http://hdl.handle.net/1959.13/1501226
- Identifier
- uon:55101
- Identifier
- ISSN:0082-2108
- Language
- eng
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