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Australia

McCloy v New South Wales

(2015) 257 CLR 178
JurisdictionAustralia
Year2015
Statusunclear

Key Principle

A law burdening the implied freedom of political communication is valid only if it pursues a legitimate end compatible with the constitutionally prescribed system of representative government and is reasonably appropriate and adapted (proportionate). Proportionality is assessed via three stages: suitable, necessary, and adequate in its balance.

Area of Law

constitutional: implied freedom of political communication

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