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

U. of Adelaide Law Research Paper No. 2013-18

37 Pages Posted: 8 Jul 2013

See all articles by Anne Hewitt

Anne Hewitt

University of Adelaide - School of Law

Date Written: July 7, 2013

Abstract

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

Hewitt, Anne, Can a Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform? (July 7, 2013). Anne Hewitt, "Can a Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?" (2013) 41 Federal Law Review 35, U. of Adelaide Law Research Paper No. 2013-18, Available at SSRN: https://ssrn.com/abstract=2290810

Anne Hewitt (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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