Equal Treatment and Non-Discrimination through the Functionalist Lens

Rosalind Dixon (ed), Australian Constitutional Values (Hart, 2018)

ANU College of Law Research Paper No. 19.8

38 Pages Posted: 5 Jun 2019

Date Written: June 30, 2018

Abstract

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

Suggested Citation

Simpson, Amelia, Equal Treatment and Non-Discrimination through the Functionalist Lens (June 30, 2018). Rosalind Dixon (ed), Australian Constitutional Values (Hart, 2018), ANU College of Law Research Paper No. 19.8, Available at SSRN: https://ssrn.com/abstract=3399249

Amelia Simpson (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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