
Australian Capital Television v Commonwealth
Secondary Rules
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Exploring the Evolution of Implied Rights
This chapter delves into the concept of implied freedom of political communication and the implied right to vote, reflecting on the historical evolution and the challenges in defining protected speech. It discusses the reluctance to expand implied rights beyond explicit statements in the constitution and the debate on judges granting rights not voted for by the people. The conversation also touches on the power dynamics between the court and democratic branches of government, highlighting criticisms of favoritism towards incumbents and major parties.
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