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The effect of s 116 of the Australian Constitution on the implied freedom of political communication

Forrester, J. (2020) The effect of s 116 of the Australian Constitution on the implied freedom of political communication. In: Babie, P.T., Rochow, N.G. and Scharffs, B.G., (eds.) Freedom of Religion or Belief. Elgar Publishing, pp. 131-163.

Link to Published Version: https://doi.org/10.4337/9781788977807.00013
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Abstract

This chapter argues that s 116 of the Australian Constitution affects the implied freedom of political communication (‘implied freedom’). Legislative or executive action affecting communication and/or association regarding religion, where such communication and/or association may inform political views, more heavily burdens the implied freedom. Section 116 also ‘hardwires’ certain values concerning the free exercise of religion that are relevant to the test concerning whether the implied freedom has been impermissibly infringed. The chapter also argues that, while s 116 does not directly affect state and territory legislative and executive action, it does indirectly affect such action through the implied freedom.

Item Type: Book Chapter
Murdoch Affiliation(s): Law and Criminology
Publisher: Elgar Publishing
URI: http://researchrepository.murdoch.edu.au/id/eprint/65966
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