constitution-and-rule-of-law

The Limits of Australian Anti-Discrimination Law

Anti-discrimination law has existed in Australia for only fifty years, and yet in that comparatively short period it has become entrenched and almost unquestionable. An examination of its record, however, shows that it has not been an effective tool to achieve the goals for which it was designed and has become more of an expression of identity politics than a means for truly disadvantaged groups to obtain needed remedies. Moreover, the relatively novel rights created by anti-discrimination protections have come into conflict with older, more established rights, like the right to property, freedom of association, and freedom of speech.

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