Category: Political Communication

The Implied Freedom of Political Communication ~ What Is the Right, How Is It Engaged, and What Burdens It?

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The Commonwealth Constitution does not contain an express provision declaring that every person has a general right to freedom of speech. There is no simple constitutional statement that Parliament shall not make laws restricting freedom of expression. Nevertheless, Commonwealth constitutional law recognises a freedom of communication about governmental and political matters. The freedom arises from Read More …

“Who Holds the Power? The Quiet Evolution of Sovereignty in Australia”

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In a nation often described as politically stable and constitutionally conservative, a profound shift has taken place, one not marked by revolution or sweeping declarations, but by legal reasoning, referenda, and the gradual development of democratic practice. At the heart of it lies a deceptively simple question: who truly holds sovereign power in Australia? For Read More …

Nationwide News Pty Ltd v Wills [1992] HCA 46

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Nationwide News Pty. Limited published a story in The Australian newspaper that accused Wills, the then Commonwealth Industrial Relations Minister, of misconduct. Wills sued for defamation. The case was heard in the Supreme Court of New South Wales where the publisher of the article raised a constitutional defense, arguing that their freedom of expression and Read More …

Lange v Australian Broadcasting Corporation (1997) 189 CLR 520

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Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 is a landmark decision by the High Court of Australia that significantly influenced the development of the law regarding freedom of political communication in Australia. The case established key principles related to the implied constitutional right to freedom of political communication, which, though not explicitly stated Read More …

The Mc Cloy Test ~ Proportionality and the implied Freedom of Political Communication.

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The use of proportionality reasoning to determine whether there has been an actionable breach of constitutional rights is spreading around the globe. Except in assessing the constitutional validity of legislation claimed to infringe the implied freedom of political communication. If, as claimed in its favour, proportionality reasoning can promote transparency and accountability, should it be Read More …