Finding the streams' true sources: The implied freedom of political communication and executive power

J. Forrester; L. Finlay; A. Zimmermann

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Finding the streams' true sources: The implied freedom of political communication and executive power

Journal article

Peer reviewed

Finding the streams' true sources: The implied freedom of political communication and executive power

J. Forrester, L. Finlay and A. Zimmermann

University of Western Australia Law Review, Vol.43(2), pp.188-254

2018

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Abstract

In this article, we explore the implied freedom of political communication's (`implied freedom's') application to executive power at the Commonwealth, State and Territory levels. We propose that the proportionality test used by the plurality in McCloy v News South Wales(1) be adapted to executive actions affecting the implied freedom. We then illustrate our proposed approach by applying it to the case of Chief of the Defence Force v Gaynor.(2)

Details

Title: Finding the streams' true sources: The implied freedom of political communication and executive power
Authors/Creators: J. Forrester (Author/Creator)
L. Finlay (Author/Creator)
A. Zimmermann (Author/Creator)
Publication Details: University of Western Australia Law Review, Vol.43(2), pp.188-254
Publisher: University of Western Australia * Law School
Identifiers: 991005544490907891
Murdoch Affiliation: School of Law
Language: English
Resource Type: Journal article

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