Recent moves by the High Court to imply rights and freedoms into the Constitution are likely to be abruptly stopped soon … maybe with profound consequences.
The implied freedom of political communication is about to be reversed and with it will go more than a decade of constitutional innovation.
A week ago, the High Court was hearing a case brought by an opponent of duck shooting, Laurie Levy. Levy was seeking to overturn Victorian regulations that prevented him and others from retrieving dead and wounded birds for television. He said the regulations infringed his constitutional freedom of political expression.
The Victorian Attorney-General sought to defend the regulations, but without arguing against the 1994 basic cases that first expressed the legal base for the freedom of political communication: Theophanous and Stephen. Justice Daryl Dawson said that those decisions were no longer agreed to by a majority of the court and suggested they be reopened.
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