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WAPolitics and LawQuick questions

Unit 4: Accountability and Rights

Quick questions on The Implied Freedom of Political Communication: WACE Year 12 Politics and Law

1short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.

What is the Lange test?
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In Lange v Australian Broadcasting Corporation (1997) the Court unanimously settled the doctrine and gave it a test. As later refined (notably in McCloy v New South Wales, 2015), a law will breach the implied freedom unless it survives the following questions. First, does the law effectively burden political communication? Second, does it pursue a legitimate purpose compatible with representative and responsible government?

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