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meagher-theprotectionofpolitical-2005.pdf (1.88 MB)

The protection of political communication under the Australian constitution

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journal contribution
posted on 2005-01-01, 00:00 authored by Dan MeagherDan Meagher
Compatibility of a law with implied freedom of political communication - application of test of constitutionality outlined in Lange case - argues that two-tier approach be abandoned - if a law regulates the content of a political communication, not its mode, more rigorous judicial scrutiny will follow - should be a single test for constitutionality where application is through the proportionality framework and informed by the rationale of the implied freedom - application to Australian racial vilification laws.

History

Journal

University of New South Wales law journal

Volume

28

Issue

1

Pagination

30 - 68

Publisher

University of New South Wales, School of Law

Location

Sydney, N.S.W.

ISSN

0313-0096

eISSN

1839-2881

Language

eng

Notes

Reproduced with the kind permission of the copyright owner.

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, University of New South Wales, School of Law

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