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.
Dr Colin Campbell, Faculty of Law, Monash University
Dr Melissa Castan
Improving Educational Outcomes for Children with Disability in Victoria: Final Report (June 2018), E Jenkin, C Spivakovsky, S Joseph, M Smith, Castan Centre for Human Rights Law, Monash University
Victorian students with disabilities turned away from schools, report finds (ABC News, 29 June 2018)
Campbell, Colin D, "A Hard Case Making Bad Law: Purvis v New South Wales and the Role of the Comparator Under the Disability Discrimination Act 1992 (Cth)"  FedLawRw 4; (2007) 35(1) Federal Law Review 111
All tracks by Lee Rosevere
Discrimination law, High Court, human rights, disability discrimination, equal opportunity, adverse impact discrimination, direct discrimination.