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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 ...
Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly stated or "enumerated" in law. Alternative terms are implied rights , natural rights , background rights , and fundamental rights .
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Section 117 of the Constitution of Australia provides protection against discrimination on the basis of state of residence. Historically, section 117 had been read down by the High Court so as to be devoid of any real meaning. [ 1 ]
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia.It is a written constitution, which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system.
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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 ...