730-396 Discrimination Law and Equality

Legal Method and Reasoning; Principles of Public Law; Torts

Constitutional Law

This subject examines the challenges of using law to counter discrimination and critically examines the contribution of anti-discrimination law to reducing inequality. It begins with a review of the concepts of equality and discrimination and the Australian social context. Turning to the legal response, the major focus is on Australian law after an introduction to international law on equality and discrimination, and constitutional protections in other countries for equality or non-discrimination rights. State and Federal anti-discrimination laws and their interpretation and use will be studies primarily through sex discrimination case law, but other grounds of discrimination including race, disability and sexuality will be considered to a lesser extent. (Students with a strong interest in discrimination on these of other grounds, such as age, political or religious belief etc. can use the research paper as an opportunity to study these areas in more detail). The law prohibits discrimination in certain defined situations, but has been subjected to complex and technical interpretations by the judiciary. The effectiveness of the legislation in changing social practices and eliminating discrimination will be evaluated and alternative approached considered.

Reflective essay 1500 words 20% (due week 10) and a final examination two-hours 80% OR Reflective essay 1500 words 20% (due week 10) and a Research essay 5000 words 80% (due during the exam period).

Students undertaking a placement: Assessment of placement performance (by external supervisor in consultation with the subject coordinator) 20% AND assignment (on a topic of value to the placement organisation) 2,500 words 40% AND a final examination 1-hour 40%.

Printed materials will be issued by the Faculty of Law