Equal Treatment and Non-Discrimination through the Functionalist Lens
Rosalind Dixon (ed), Australian Constitutional Values (Hart, 2018)
38 Pages Posted: 5 Jun 2019
Date Written: June 30, 2018
The Australian Constitution invokes the ideas of equal treatment and discrimination in a number of places, as a direct textual feature of some provisions and also at times as an element of implications drawn from constitutional text and structure. This chapter will explore these instances through a functionalist lens and assess whether, and when, the High Court has produced doctrine that is broadly consistent with the dictates of a functionalist interpretative approach.
Keywords: Constitutional Law, Australia, Interpretation, High Court of Australia
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