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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 ...
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 ...
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Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia (i.e., the federal parliament) from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion. Section 116 also provides that no religious test shall be required as a qualification for any ...
Nationwide News Pty Ltd v Wills [1] is a High Court of Australia case that deals with a number of issues regarding the Australian Constitution, including the Express right free interstate trade and commerce , the implied freedom of political communication, and the role of proportionality.
there is no implied term in contracts of employment in Australia imposing a mutual duty of trust and confidence. Williams v Commonwealth (No 2) 2014 French - 2nd School Chaplins case: The legislation for funding for school chaplins was invalid as it extended beyond the scope of Parliament's power under the Constitution. CFMEU v BHP Coal Pty Ltd ...
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