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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.
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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Within Australian law, there is no freedom of speech. Instead, the Australian Constitution implies a freedom of political communication through an interpretation of Sections 7 and 24 of the Constitution. [1]
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 ...
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 ...
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 ...
there had been no authoritative acceptance of the implied term by an Australian appellate court. [39]: 5-8 the unfair dismissal laws were a carefully calibrated balance between the rights of employers and employees. [39]: 8-11 [40] The implied term was not necessary for contracts of employment to be workable and effective. [39]: 11-15