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

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 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

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

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

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

Public-Sector Whistleblowing and the Implied Freedom of Political Communication

RECENT POHOT - IMG_6847BY DANIELLE IRELAND-PIPER

Albert Einstein is reported to have observed that ‘the world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.’ Einstein reminds us of the importance … Read the rest

McCloy, Proportionality and the Doctrine of Deference

Wesson Profile photoBY MURRAY WESSON

This post is the second in a special series providing a more sustained look at the McCloy v New South Wales judgment, and its impact on the High Court’s approach to proportionality analysis.

In McCloy v New Read the rest

Proportionality and McCloy v New South Wales: close but not quite?

BY SHIPRA CHORDIA

This post is the first in a special series AUSPUBLAW is featuring this week providing a more sustained look at the McCloy v New South Wales judgment, and its impact on the High Court’s approach to proportionality Read the rest

McCloy v New South Wales: Out with US corruption and in with German proportionality

Anne Photos 003BY ANNE TWOMEY

In McCloy v New South Wales [2015] HCA 34, the High Court upheld the validity of provisions in the New South Wales Election Funding, Expenditures and Disclosures Act 1981 that impose a cap on political donations, … Read the rest

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