Abstract
This comment focuses upon three areas of controversy in the Australian High Court's judgment in Unions NSW v NSW [No 2] [2019] HCA 1 (29 January 2019): the determination of whether a law that burdens the implied freedom of political communication has a legitimate purpose; the role of ‘structured proportionality’ and the meaning of ‘necessity’ in assessing whether a law that has a legitimate purpose impermissibly burdens the implied freedom; and the extent to which, if any, there is a place for a concept of deference in the High Court’s implied freedom jurisprudence.
| Original language | English |
|---|---|
| Pages (from-to) | 93-104 |
| Number of pages | 11 |
| Journal | Media and Arts Law Review |
| Volume | 23 |
| Issue number | 1 |
| Publication status | Published - 2019 |