Max Planck Encyclopedia of Comparative Constitutional Law, 2017
16 Pages Posted: 27 Nov 2018
Date Written: October 1, 2017
Provisions prohibiting discrimination, often as a fundamental right guarantee, are ubiquitous in national constitutions. These provisions have come to embody a key pillar of legitimacy of states (alongside democratic government and a commitment to the rule of law). Democratic states that altogether lack a constitutional prohibition on discrimination tend to be exceptional. Australia is one such exception. This entry concerns antidiscrimination provisions concerning natural persons (rather than states, federal units or corporations). It draws upon case-law from certain influential jurisdictions to illustrate key concepts. Although this entry focusses on constitutional doctrine, the actual practice of antidiscrimination within any jurisdiction will depend on a variety of other factors, including its attitude to political constitutionalism and the existence of antidiscrimination legislation supplementing constitutional provisions.
Keywords: discrimination law, comparative constitutional law
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