Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

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Equal Treatment and Non-Discrimination through the Functionalist Lens

Author(s): Amelia Simpson

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.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory

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