Can a Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?
Anne Hewitt, "Can a Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?" (2013) 41 Federal Law Review 35
37 Pages Posted: 8 Jul 2013
Date Written: July 7, 2013
Anti-discrimination law in Australia is at a crossroads. After four decades of proliferation of legislation to regulate discrimination, national attention has turned from increasing regulation to legislative consolidation and reform. This article contributes a theoretical analysis to the reform debate. Two liberal theoretical justifications for prohibiting discrimination, harm and redistributive justice, are considered. This investigation assists to determine when the state should intervene in order to restrict discrimination, and whether state and territory anti-discrimination regimes have a legitimate continuing role in Australia's legislative landscape.
Keywords: Anti-discrimination, Anti-discrimination law in Australia, Law reform, redistributive justice
JEL Classification: K40, K10
Suggested Citation: Suggested Citation