Unions NSW v New South Wales [No 2]: Unresolved Issues for the Implied Freedom of Political Communication

Research output: Contribution to journalArticle

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 languageEnglish
Pages (from-to)93-104
Number of pages11
JournalMedia and Arts Law Review
Volume23
Issue number1
Publication statusPublished - 2019

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