The concept of discrimination in Australian constitutional jurisprudence [microform]

This Thesis explores the understanding of 'discrimination' as a concept in Australian constitutional law. It identifies the specific constitutional contexts in which that concept is utilized and considers whether Australia's constitutional court, the High Court, has responded successfully to the questions and challenges that arise in this area of its jurisprudence. The Court's understanding of discrimination is considered at two levels. At the macro level, the Thesis considers the Court's recent project of conceiving and shaping an overarching conception of discrimination, held out as governing all instantiations of that concept in the Constitution. At the micro level, the Thesis examines the Court's treatment of several specific provisions in the Constitution that are addressed to particular instances or contexts of discrimination.

The primary conclusion reached is that there is significant disagreement about underpinning constitutional values in this area, which complicates greatly the task of shaping the doctrinal contours of constitutional non-discrimination norms in Australia.