Court of Appeal (Qld)|2000-11-21|Before: Pincus JA, Muir and Jones JJSeparate reasons for judgment of each, member of the Court, Pincus JA and Jones J concurring as to the orders made, Muir J dissenting
Pincus JA, Muir and Jones JJSeparate reasons for judgment of each, member of the Court, Pincus JA and Jones J concurring as to the orders made, Muir J dissenting
Catchwords
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH
CONSTITUTION – OPERATION OF THE COMMONWEALTH AND THE LAWS OF THE
COMMONWEALTH – GENERAL PRINCIPLES – implied constitutional
rights
Source
Original judgment source is linked above.
Catchwords
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTHCONSTITUTION – OPERATION OF THE COMMONWEALTH AND THE LAWS OF THECOMMONWEALTH – GENERAL PRINCIPLES – implied constitutionalrights– freedom of communication about matters relating to government andpolitics – appellant convicted of taking partin public address contraryto Council By-laws – whether By-law invalid as contravening freedom ofcommunication implicit inConstitution – characterization of By-law– whether By-law is reasonably and appropriately adapted to the fulfilmentof a legitimateend, ie what is necessary for effective operation of system ofrepresentative and responsible government – whether restrictionon freedomproportionate to legitimate aim of By-law.The Commonwealth ofAustralia Constitution Act 1900 (Imp)The ParliamentaryPrivileges Act 1987 (Cth), s 16(3)Townsville City CouncilBy-laws, 2, 8, 11, 12, Chapter 39Ackroyd v McKechnie [1986] HCA 43
(1986)
161 CLR 60, referred toAustralian Capital Television Pty Ltd v The
Commonwealth [1992] HCA 45
(1992) 177 CLR 106, referred toBoyd v Carah Coaches Pty
Ltd (1979) 145 CLR 78, referred toCunliffe v The Commonwealth
[1994] HCA 44
(1994) 182 CLR 272, referred to Frisby v Schulz & Braun [1988] USSC 146
487 US
474 (1988), referred toHughes & Vale Pty Ltd v New South Wales
[1954] UKPCHCA 5
(1954) 93 CLR 1, referred toLange v Australian Broadcasting
Corporation [1997] HCA 25
(1997) 189 CLR 520, appliedLevy v The State of
Victoria [1997] HCA 31
(1997) 189 CLR 579, appliedNationwide News Pty Ltd v Wills
[1992] HCA 46
(1992) 177 CLR 1, referred toPerry Education Association v Perry
Local Educator's Association [1983] USSC 34
460 US 37 (1983), referred to Rann v
Olsen [2000] SASC 83, 172 ALR 395, referred toSchad v Borough of
Mount Ephraim [1981] USSC 122
452 US 61 (1981), referred to Stephens v West
Australian Newspapers Ltd [1994] HCA 45
(1993-4) 182 CLR 211, referred
toTheophanous v Herald & Weekly Times Ltd [1994] HCA 46
(1994) 182 CLR 104,
referred to
Judgment (21 paragraphs)
[1]
CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - OPERATION OF THE COMMONWEALTH AND THE LAWS OF THE COMMONWEALTH - GENERAL PRINCIPLES - implied constitutional rights - freedom of communication about matters relating to government and politics - appellant convicted of taking part in public address contrary to Council By-laws - whether By-law invalid as contravening freedom of communication implicit in Constitution - characterization of By-law - whether By-law is reasonably and appropriately adapted to the fulfilment of a legitimate end, ie what is necessary for effective operation of system of representative and responsible government - whether restriction on freedom proportionate to legitimate aim of By-law.
[2]
The Commonwealth of Australia Constitution Act 1900 (Imp)