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

in Joo-Cheong Tham et al (eds), ELECTORAL DEMOCRACY: AUSTRALIAN PROSPECTS (Melbourne University Press, 2011) ch 7 / 120-139.

University of Queensland TC Beirne School of Law Research Paper No. 10-03

21 Pages Posted: 22 Mar 2010 Last revised: 1 Nov 2018

See all articles by Graeme D. Orr

Graeme D. Orr

The University of Queensland - T.C. Beirne School of Law

Date Written: March 16, 2010

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.

Suggested Citation

Orr, Graeme, Legal Conceptions of Political Parties Through the Lens of Anti-Discrimination Law (March 16, 2010). in Joo-Cheong Tham et al (eds), ELECTORAL DEMOCRACY: AUSTRALIAN PROSPECTS (Melbourne University Press, 2011) ch 7 / 120-139., University of Queensland TC Beirne School of Law Research Paper No. 10-03, Available at SSRN: https://ssrn.com/abstract=1572240

Graeme Orr (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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