Tag: structured proportionality

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?”

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?”

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”

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

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