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On 25 May 2020, Palmer commenced proceedings against Western Australia in the High Court, [6] on the basis that the Directions and the authorising legislation impermissibly infringed section 92 of the Constitution. Section 92 concerns "trade, commerce, and intercourse among the States", which shall be "absolutely free".
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 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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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 ...
Shortly after protests began in the United States in late May 2020 seeking justice for George Floyd, an African-American who was murdered during an arrest by Minneapolis police, people in Australia protested to show solidarity with Americans and the Black Lives Matter movement, as well as to demonstrate against issues with police brutality and institutional racism, racism in Australia, and ...
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.
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 ...