Finding the streams' true sources: The implied freedom of political communication and executive power

Forrester, J., Finlay, L. and Zimmermann, A. Finding the streams' true sources: The implied freedom of political communication and executive power. University of Western Australia Law Review, 43 (2). pp. 188-254.

Abstract

In this article, we explore the implied freedom of political communication's (`implied freedom's') application to executive power at the Commonwealth, State and Territory levels. We propose that the proportionality test used by the plurality in McCloy v News South Wales(1) be adapted to executive actions affecting the implied freedom. We then illustrate our proposed approach by applying it to the case of Chief of the Defence Force v Gaynor.(2)

Item Type:	Journal Article
Murdoch Affiliation(s):	School of Law
Publisher:	University of Western Australia * Law School
URI:	http://researchrepository.murdoch.edu.au/id/eprint/42416

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