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

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’. 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.