Tutorial Answers.docx - A Implied Freedom of Political Communication 1 From which sections of the Constitution does the implied freedom of political

Tutorial Answers.docx - A Implied Freedom of Political...

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A) Implied Freedom of Political Communication 1. From which sections of the Constitution does the implied freedom of political communication (implied freedom) arise? How did Justice Murphy, the creator of the implied freedom, envision that the freedom might be applied to ‘discrimination’ such as sexism (and arguably racism)? What might this suggest about the recent debate around 18C of the Racial Discrimination Act 1975? Implied freedom of political communication arises as a consequence of the sections in the Constitution which establish a system of ‘representative and responsible government’; as the successful implementation of the system relies on free communication between the electorates to facilitate the people to make ‘informed choices’ in relation to government representatives. The sections are: Section 7 - The Senate shall be composed of senators for each State, directly chosen by the people of the State, voting, until the Parliament otherwise provides, as one electorate…. Section 24 - The House of Representatives shall be composed of members directly chosen by the people of the Commonwealth, and the number of such members shall be, as nearly as practicable, twice the number of the senators… Section 128 - The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State and Territory to the electors qualified to vote for the election of members of the House of Representatives. The recent debate around s 18C of the Racial Discrimination Act 1975 questions the validity of the legislation. Section 18C states: (1) It is unlawful for a person to do an act, otherwise than in private, if: (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and (b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group. There is a possibility that if challenged in the High Court, Section 18C could be found to be unconstitutional for being unsupported by the external power under s 51 (xxix) of the Constitution, and violating the implied freedom of communication about government and political matters. 1 The words of the section is argued to extend beyond the obligations Australia has under its ratifications to the
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