Discrimination

Max Planck Encyclopedia of Comparative Constitutional Law, 2017

Oxford Legal Studies Research Paper

U of Melbourne Legal Studies Research Paper

16 Pages Posted: 27 Nov 2018

See all articles by Tarunabh Khaitan

Tarunabh Khaitan

University of Oxford - Faculty of Law; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group; University of Melbourne - Law School

Date Written: October 1, 2017

Abstract

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

Suggested Citation

Khaitan, Tarunabh, Discrimination (October 1, 2017). Max Planck Encyclopedia of Comparative Constitutional Law, 2017; Oxford Legal Studies Research Paper; U of Melbourne Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3277053 or http://dx.doi.org/10.2139/ssrn.3277053

Tarunabh Khaitan (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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