Constitutional Law, Comparative public law Constitutional Law, Comparative public law

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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Comparative public law, Constitutional Law, Democracy Comparative public law, Constitutional Law, Democracy

Foreign influence and the implied freedom of political communication: LibertyWorks v Commonwealth

Josh Gibson

On 16 June 2021, the High Court delivered its judgment in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 (LibertyWorks v Commonwealth). The case centred on the Foreign Influence Transparency Scheme Act 2018 (FITS Act), a legislative scheme introduced to expose foreign influence effected by foreign principals within Australia. In …

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