The High Court's Conception of Discrimination: Origins, Applications, and Implications

Sydney Law Review, Forthcoming

ANU College of Law Research Paper No. 07-03

Posted: 24 Apr 2007

Abstract

In constitutional settings, the High Court has grown attached to a particular conception of discrimination that is notable for its abstractedness and purported universality. This article explores that conception, tracing its evolution and its permeation of the Court's constitutional jurisprudence. It argues that this 'universal' conception of discrimination, while it does mandate certain limited content, cannot provide guidance upon some of the most significant questions confronting judges when shaping constitutional non-discrimination rules.

Suggested Citation

Simpson, Amelia, The High Court's Conception of Discrimination: Origins, Applications, and Implications. Sydney Law Review, Forthcoming, ANU College of Law Research Paper No. 07-03, Available at SSRN: https://ssrn.com/abstract=982301

Amelia Simpson (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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