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Freedom Of Political Communication
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. Background History Related High Court decisions *''Nationwide News Pty Ltd v Wills'' *''Australian Capital Television Pty Ltd v Commonwealth'' *''Lange v Australian Broadcasting Corporation'' *''McCloy v New South Wales Jeffrey Raymond McCloy is an Australian property developer, who served List of mayors and lord mayors of Newcastle, Lord Mayor of Newcastle between 2012 and 2014. Before entering politics, he ran his own construction company, which built John Hu ...'' References Australian constitutional law {{Australia-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Legal System
The legal system of Australia has multiple forms. It includes a written Constitution of Australia, constitution, unwritten Constitutional convention (political custom)#Australia, constitutional conventions, statutes, Delegated legislation in the United Kingdom, regulations, and the judicially determined Common law in Australia, common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.. The Constitution of Australia, Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own Judiciary of Aus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitution
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 of Australia, federation under a Monarchy of Australia, constitutional monarchy governed with a parliamentary system. Its eight chapters set down the structure and powers of the three constituent parts of the federal level of government: the Parliament of Australia, Parliament, the Australian Government, Executive Government and the Judiciary of Australia, Judicature. The Constitution was drafted between 1891 and 1898 at a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria (state), Victoria, Queensland, Western Australia, South Australia and Tasmania. This final draft was then approved by each state in a 1898–1900 Australian const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Cook University Law Review
The ''James Cook University Law Review'' is an annual peer-reviewed law journal A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provi ... published by the James Cook University School of Law. External links * Australian law journals Queensland law Annual journals Academic journals established in 1994 English-language journals James Cook University {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nationwide News Pty Ltd V Wills
''Nationwide News Pty Ltd v Wills'' is a High Court of Australia case that deals with a number of issues regarding the Constitution of Australia, Australian Constitution, including the Express right free interstate trade and commerce (Section 92 of the Constitution of Australia, section 92), the implied freedom of political communication, and the role of proportionality. Background The ''Industrial Relations Act'' 1988 (Cth) made it an offence to bring the Australian Industrial Relations Commission into disrepute. Nationwide News published an article attacking the integrity and independence of the commission. Nationwide News argued that the Act infringed the implied freedom of political communications, while the Commonwealth argued that the Act was valid under Section 51(xxxv) of the Australian Constitution, section 51(xxxv) (conciliation and arbitration power), as well as Section 51(xxxix) of the Constitution of Australia, section 51(xxxix) (express incidental power). Deci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Capital Television Pty Ltd V Commonwealth
''Australian Capital Television v Commonwealth'',. is a decision of the High Court of Australia. The case is notable in Australian Constitutional Law as one of the first cases within Australia's implied freedom of political communication jurisprudence. On its facts, the case concerned the constitutional validity of Part IIID of the ''Political Broadcasts and Political Disclosures Act'' 1991,. which regulated political advertising during election campaigns, and required broadcasters to broadcast political advertisements free of charge at other times. The High Court found the laws to be invalid. Background to the case The Hawke government in 1992 introduced the ''Political Broadcasts and Political Disclosures Act 1991'', which notably prohibited the broadcasting of politically related material on electronic media such as radio and television during the period leading up to a State or Federal election (except in news, current affairs or talkback programs). The laws also obli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lange V Australian Broadcasting Corporation
''Lange v Australian Broadcasting Corporation''. 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 defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication. Background The plaintiff, David Lange, who was the Prime Minister of New Zealand, was the subject of a report on the Australian Broadcasting Corporation current affairs program ''Four Corners''. He brought defamation proceedings in respect of that broadcast. In April 1990, the defendant broadcast on its ''Four Corners'' program a report which had been broadcast the previous night in New Zealand on Television New Zealand's ''Frontline'' program. The program alleged that the New Zealand Labour Party, then in government, had come to be improperly under the influence of large business interests as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCloy V New South Wales
Jeffrey Raymond McCloy is an Australian property developer, who served List of mayors and lord mayors of Newcastle, Lord Mayor of Newcastle between 2012 and 2014. Before entering politics, he ran his own construction company, which built John Hunter Hospital. In 2008 he won the Hunter Business Chamber 2008 Business Person of the Year, and in 2009 he won the City of Newcastle Medal. McCloy campaigned for the removal the Newcastle railway line, New South Wales, rail line through the centre of Newcastle and, despite being nominally an independent (politics), independent, supported Liberal Party of Australia (New South Wales Division), Liberal candidates in the Council ward elections. Polling day in 2012 was marked by controversy when the running mate of an opposing candidate switched sides to support McCloy. In 2012, McCloy met the then Opposition Leader (and future Prime Minister of Australia) Tony Abbott to discuss the future of the Newcastle CBD. In 2013, he held a joint press c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
