The 'Constitutional' Value of the Racial Discrimination Act 1975 (Cth)

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Abstract

Since its passage, the Racial Discrimination Act 1975 (Cth) (‘RDA’) has been considered ‘special’. This is despite the fact that it is a piece of ordinary legislation, capable of being amended or limited by the legislature. This article considers the nature of this ‘specialness’. In this article, I assess whether the RDA can be classified as a ‘constitutional’ statute in the Australian context. I argue that, utilising a range of definitions, the RDA can be classed as a piece of ‘constitutional’ legislation but that this status has no discernible effect on producing effective and substantive protection from discrimination on the basis of race.
Original languageEnglish
Pages (from-to)519-546
Number of pages28
JournalThe Sydney Law Review
Volume43
Issue number4
Publication statusPublished - Dec 2021

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