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Implied Freedom of Political Communication: Recent Developments and its Implication for Established Principles - Essay Example

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In the 1990s, the Australian High Court ruled in a series of cases that the concept of a constitutionally “representative government” necessarily implied the freedom of political communication…
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Implied Freedom of Political Communication: Recent Developments and its Implication for Established Principles
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Download file to see previous pages freedom of political communication and how those principles were interpreted and applied in Hogan and Wotton. The two cases reach decisions by applying a previously established test for the validity of restricting statutes. The applicable test was founded on the principles of law articulated by the High Court during the 1990s. This essay determines if and to what extent, Hogan and Wotton alters the principles of law applicable to whether or not a statute unreasonably burdens the implied freedom of political communication. ...
Therefore the statute challenged by the parolee was not invalid and was not incompatible with the maintenance of a constitutionally representative government.4 It can therefore be argued that the main themes in Wotton and Hogan were the identification of the proper limits and purpose of the implied freedom of political communication. In identifying the proper limits and purpose of the implied freedom, did the court detract from previously established principles? Previously the High Court of Australia established that the context and “structure” of the Constitution establishes a “system of representative and responsible government”.5 Arguably both Hogan and Wotton, emphasise that representative government shoulders responsibility for protecting public interest in a way that burdens freedom of political communication, but at the same times does not compromise a constitutionally representative government. Any concerns about the decisions in Hogan and Wotton necessarily arise out of previously established principles emphasising that the constitutional constructs of the representative and responsible government, necessarily “requires that there be freedom of some types of communication” in order to support the system.6 In other words, the implied right of freedom of political communication is predicated on the concept that the Constitution of Australia envisions a governmental system which cannot function efficiently and effectively unless the citizens are permitted to communicate and share information relative to political matters.7 Australian Capital Television Pty Ltd. v Commonwealth (ACTV) , a landmark case on the introduction and articulation of the implied freedom of political communication8 involved a challenge to the validity of the ...Download file to see next pagesRead More
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