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The case was one of the earliest in a series of cases in which the High Court found implied rights in the Constitution. The trend reached a high point in Theophanous v Herald & Weekly Times Ltd, [7] which found that the implied right to freedom of political communication could be used as a defence in a defamation action. Although that is no ...
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Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts (rather than a stand-alone, abstract bill of rights) and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and ...
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian ...
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The Constitution does not confer personal rights as to the implied freedom of political communication Lange v Australian Broadcasting Corporation [ 1 ] is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Australian Constitution , but found that it did not necessarily provide a ...