Tag: proportionality

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

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 Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … 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

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