(B) 3.2.9 Significance of High Court case relating to Constitutional protection of rights Flashcards Preview

Legal Studies 3/4 > (B) 3.2.9 Significance of High Court case relating to Constitutional protection of rights > Flashcards

Flashcards in (B) 3.2.9 Significance of High Court case relating to Constitutional protection of rights Deck (8)
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1
Q

Political Case:

A

Australian Capital Television V Commonwealth Case 1992

2
Q

Significance of the Political Broadcasting Case:

A

The Political Broadcasting case is significant, as it established the implied right to freedom of political communication and created a precedent, the first High Court case to do so.

3
Q

Facts:

A

A TV station challenged the validity of the changes to the Broadcast Act 1942, as amendments banned radio and T.V advertising for government elections.

4
Q

Commonwealth Legislation:

A

Broadcast Act 1942

5
Q

High Court decision:

A

Found legislation that restricted access to political broadcasts before referendums and elections was invalid and unconstitutional.

6
Q

Reason for decision:

A

Reason was that the Constitution entrenches the system of Representative Government. If voters were unable to hear political broadcasts in the lead up to the to a decision, their ability to make an informed decision would be impaired.

7
Q

Sentence after reason:

A

Therefore, the HCA created a precedent by finding the implied right to freedom of political communication.

8
Q

Implied Right furthered:

A

The HCA further explored the implied to freedom of political communication in the Lange V ABC case 1997, where the HCA found that the implied right is available at all times, not just before an election

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