The ‘March of Structured Proportionality’: The Future of Rights and Freedoms in Australian Constitutional Law

Dane Luo

Following a ‘march of structured proportionality’ globally, the High Court adopted, in the 2015 McCloy v New South Wales (2015) decision, the framework of ‘suitability’, ‘necessity’ and ‘adequacy in the balance’ to a legitimate end to assess the proportionality of laws that burden the implied freedom of political communication (implied freedom).

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