Openly accessible

What is 'political communication'? The rationale and scope of the implied freedom of political communication

Meagher, Dan 2004, What is 'political communication'? The rationale and scope of the implied freedom of political communication, Melbourne University law review, vol. 28, no. 2, pp. 438-473.

Attached Files
Name Description MIMEType Size Downloads
meagher-whatispolitical-2004.pdf Published version application/pdf 2.30MB 670

Title What is 'political communication'? The rationale and scope of the implied freedom of political communication
Author(s) Meagher, Dan
Journal name Melbourne University law review
Volume number 28
Issue number 2
Start page 438
End page 473
Publisher Melbourne University Law Review Association Inc.
Place of publication Melbourne, Vic.
Publication date 2004
ISSN 0025-8938
1839-3810
Summary The aim of this article is to identify what counts as ‘political communication’ for the purposes of the implied constitutional freedom of political communication. This is done for two reasons. The first is to delimit the scope of the implied freedom. The second is to clarify whether racial vilification is ‘political communication’, which is the initial step that must be taken in order to assess the constitutionality or otherwise of current Australian racial vilification laws. It is, however, necessary and desirable to establish a sound theoretical basis for the implied freedom before these questions can be properly considered. To this end, it is argued that a minimalist model of judicially-protected popular sovereignty underpins the implied freedom and is the rationale that must guide its interpretation and application. The analysis undertaken demonstrates that a generous zone of ‘political communication’ must attract constitutional protection and that racial vilification will in certain circumstances amount to ‘political communication’.
Notes Reproduced with the kind permission of the copyright owner.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2004, Melbourne University Law Review Association
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002797

Document type: Journal Article
Collections: School of Law
Open Access Collection
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.

Versions
Version Filter Type
Access Statistics: 1638 Abstract Views, 670 File Downloads  -  Detailed Statistics
Created: Mon, 07 Jul 2008, 08:34:45 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.