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Australia is unique amongst its peers in that it has no bill of rights, and instead largely relies upon common law to determine what can and cannot be done; mak
by dleslie 6y ago
Australia is unique amongst its peers in that it has no bill of rights, and instead largely relies upon common law to determine what can and cannot be done; making rights subject to legislative authority.
Kind of similar, kind of, Canada has a notwithstanding clause that allows the Government to temporarily override protected rights with legislation.
- jariel 6y agoThis is not really a Constitutional issue about freedom of expression. There are any number of issues under the area of 'foreign trade' and 'foreign actors' the issue could be approached from.
- claudiawerner 6y ago>Australia is unique amongst its peers in that it has no bill of rights, and instead largely relies upon common law to determine what can and cannot be done; making rights subject to legislative authority. Is this really unique among British Commonwealth countries? Besides this, it's a rather interesting situation, in which scholars on free speech and the US 1A use America as an extreme example - even questioning why there should be an explicit constitutional right to freedom of speech. I think the arguments are pretty interesting.