Tag: implied freedom of political communication (page 1 of 2)

There and Back Again? The High Court’s Decision in Clubb v Edwards; Preston v Avery [2019] HCA 11

BY ALEX DEAGON

This is the first of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Arisha Arif and Emily Azar’s accompanying post is here and Josh Gibson’s accompanying post is here.Read the rest “There and Back Again? The High Court’s Decision in Clubb v Edwards; Preston v Avery [2019] HCA 11”

Clubb v Edwards; Preston v Avery: Structured Proportionality – Has Anything Changed?

BY ARISHA ARIF AND EMILY AZAR

This is the second of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Josh Gibson’s accompanying post is hereRead the rest “Clubb v Edwards; Preston v Avery: Structured Proportionality – Has Anything Changed?”

Clubb v Edwards; Preston v Avery: The High Court and the Role of Amicus Curiae

BY JOSH GIBSON

This is the third of three posts AUSPUBLAW is featuring on the High Court’s  decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Arisha Arif and Emily Azar’s accompanying post is hereRead the rest “Clubb v Edwards; Preston v Avery: The High Court and the Role of Amicus Curiae”

Are Victoria’s Safe-Access Zones Safe from the Constitution?

BY JULIAN O’DONNELL

In August 2016, anti-abortion activist and mother of thirteen Kathleen Clubb approached a couple entering an abortion clinic in East Melbourne. She spoke to the couple and handed them a pamphlet, which they declined. A Magistrate would … Read the rest “Are Victoria’s Safe-Access Zones Safe from the Constitution?”

Freedom of Political Communication and Public Servants

BY ANTHONY GRAY

In 1992 the Australian High Court recognised that the democratic nature of Australia’s Constitution required freedom of communication that was ‘political’ in nature. Though some matters have been resolved, the limited case law means that many of … Read the rest “Freedom of Political Communication and Public Servants”

The trajectory of structured proportionality in implied freedom of political communication cases: Brown v Tasmania

  BY SHIPRA CHORDIA

On 18 October, the High Court handed down its judgment in Brown v Tasmania [2017] HCA 43.  The plaintiffs – Dr Bob Brown and Ms Jessica Hoyt – successfully argued that certain provisions of the Workplaces Read the rest “The trajectory of structured proportionality in implied freedom of political communication cases: Brown v Tasmania”

The Right to Protest after Brown v Tasmania

BY JOHN ELDRIDGE AND TIM MATTHEWS

The common law has historically been hostile to the importance of public protest. Indeed, A V Dicey, in his seminal An Introduction to the Study of the Law of the Constitution, was categorical … Read the rest “The Right to Protest after Brown v Tasmania”

Public Servants, Social Media and the Constitution

BY GARY HANSELL AND ADRIENNE STONE

Although the implied freedom of political communication is now a well-established principle of Australian constitutional law, it does not appear to be widely understood. Some evidence of this is seen in the recently promulgated  … Read the rest “Public Servants, Social Media and the Constitution”

A Ban on Foreign Political Donations: Definitions, Scope and Constitutional Validity

BY YEE-FUI NG

The federal Joint Standing Committee on Electoral Matters has recommended that foreign citizens and entities be banned from making political donations to political parties, associated entities (such as trade unions and dedicated fundraising bodies) and third parties … Read the rest “A Ban on Foreign Political Donations: Definitions, Scope and Constitutional Validity”

Constitutional and community aspects of flag burning in Australia

BY CATHERINE BOND

 On Australia Day 2017, as part of an Invasion Day protest held in Sydney, a 20-year-old man set fire to an Australian national flag. While the march had been proceeding peacefully, that action ignited violence as … Read the rest “Constitutional and community aspects of flag burning in Australia”

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