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Free Speech and the Constitution

November 1, 2007 by Peter Fletcher

Free Speech and the Constitution: “The Australian Constitution does not have any express provision relating to freedom of speech. In theory, therefore, the Commonwealth Parliament may restrict or censor speech through censorship legislation or other laws, as long as they are otherwise within constitutional power.”

This is a handy article. It points out that, whilst we are signatories to the UN Declaration of Human Rights, we have no act of parliament that makes this declaration enforceable. Interesting!

Various proponents have suggested a Bill of Rights, however this is problematic. Governements have taken the easier option to introduce various legislation that addresses the issue of free speech, particularly in relation to election advertising and the press. It is considered that Australia has ‘implied’ free speech.

Australia is the only “like-minded” country not to have a Bill of Rights. Again, interesting.

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Filed Under: Uncategorized Tagged With: Government policy

About Peter

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