Legal Conceptions of Political Parties Through the Lens of Anti-Discrimination Law

Abstract

To what degree should political party affairs be subject to anti-discrimination law? This paper addresses this question primarily against the backdrop of UK and Australian law, whilst drawing on European and US literature and examples. It argues for caution in applying anti-discrimination law blindly to the internal affairs of parties. This conclusion is argued based on the need for competition between parties and to avoid inhibiting parties representing minority or under-represented interests rather than from a freedom of association perspective per se.