Cover art for podcast Just Cases

Just Cases

25 EpisodesProduced by Monash Law SchoolWebsite

Every day, law courts make decisions that change the lives of those present in the courtroom. Some decisions change society itself. JUST CASES tells the backstory to some of the biggest court cases you've never heard of.

33:25

Episode 16: Hard cases make bad law

“There’s a saying in law that hard cases make bad law,” says Dr Colin Campbell. “Judges will sometimes do what they think is right in a particular case, but in doing that they will muck up the law."

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

Episode page
https://www.justcasespodcast.com/episode/2019/8/22/episode-16-hard-cases-make-bad-law

Twitter @JustCasesShow
https://twitter.com/justcasesshow

Music: All tracks by Lee Rosevere
- 'Introducing the Pre-roll'
- '17 - Awkward Silences version b'
http://freemusicarchive.org/music/Lee_Rosevere/

Storyteller
- Dr Colin Campbell, Faculty of Law, Monash University

Hosts
- Dr Melissa Castan & James Pattison

Further reading
- Purvis v New South Wales (Department of Education and Training) [2003] HCA 62: http://eresources.hcourt.gov.au/showCase/2003/HCA/62

- '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: https://www.justcasespodcast.com/s/Castan-Centre-Improving-Educational-Outcomes-for-Students-with-Disability.pdf

- Victorian students with disabilities turned away from schools, report finds (ABC News, 29 June 2018): https://www.abc.net.au/news/2018-06-29/students-with-disabilities-victorian-government-schools-report/9923274

- 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)" [2007] FedLawRw 4; (2007) 35(1) Federal Law Review 111: http://classic.austlii.edu.au/au/journals/FedLawRw/2007/4.html

Photo
- by Rubén Rodriguez on Unsplash: https://unsplash.com/@ruben18rodriguez

Law topics
- Discrimination law, High Court, human rights, disability discrimination, equal opportunity.

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