Using Federalism to Protect Political Communication: Implications from Federal Representative Government

Posted: 23 May 2007

Abstract

The recognition of the implied freedom of political communication has been the subject of much controversy. Although a unanimous Court in Lange v Australian Broadcasting Corporation identified the textual basis for the implication, there continues to be significant uncertainty as to the nature and scope of the freedom. This article seeks to provide an alternative constitutional foundation for protecting political communication, which focuses on the way in which representative government has been accommodated within the federal structure of government. In doing so, it attempts to provide a firmer constitutional foundation for the protection of political communication.

Keywords: constitutional law, federalism, rights, free speech, political communication, representative government, constitutional rights

Suggested Citation

Stellios, James, Using Federalism to Protect Political Communication: Implications from Federal Representative Government. Melbourne University Law Review, Vol. 31, 2007, ANU College of Law Research Paper No. 07-13, Available at SSRN: https://ssrn.com/abstract=988254

James Stellios (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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