EPISODE 16: Hard cases make bad law

“There’s a saying in law that hard cases make bad law.”

“What that means is that there’ll be cases in which judges will sometimes do what they think is right in a particular case, but in doing that they will muck up the law,” says Dr Colin Campbell.

Numerous inquiries have uncovered widespread discrimination and exclusion against children at government schools around Australia.

While state-run education departments are tasked with the responsibility of fixing this problem, there’s another institution in our society that has a major role to play: our courts.

But the leading court case that dictates how the courts play this role - and which judges around Australia are obliged to follow - is seriously flawed.


Show notes


Dr Colin Campbell, Faculty of Law, Monash University


Dr Melissa Castan

James Pattison

Further reading


All tracks by Lee Rosevere


Photo by Rubén Rodriguez on Unsplash

Law topics
Discrimination law, High Court, human rights, disability discrimination, equal opportunity, adverse impact discrimination, direct discrimination.