Constitutional 'borrowing' and freedom of expression: can Australia learn from the US First Amendment?

Research output: Contribution to journalArticleResearchpeer-review

Abstract

This article explores the potential role of US free speech doctrine as a source of learning for the High Court in developing its own jurisprudence in a broadly analogous area – the Australian (implied) freedom of political communication. The author argues in favour of a critical and self-reflective approach to this question, where the comparative utility of foreign doctrine is assessed by reference to its use in advancing Australian-specific constitutional commitments and inquiries. The article concludes with a brief worked account of how this might be applied to ‘structural’ versus ‘autonomy’ driven US doctrine.
LanguageEnglish
Pages56-62
Number of pages7
JournalAlternative Law Journal
Volume44
Issue number1
Early online date10 Jan 2019
DOIs
Publication statusPublished - Mar 2019

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amendment
doctrine
political communication
jurisprudence
autonomy
commitment
learning

Cite this

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Constitutional 'borrowing' and freedom of expression : can Australia learn from the US First Amendment? / Roberts, Jemimah.

In: Alternative Law Journal, Vol. 44, No. 1, 03.2019, p. 56-62.

Research output: Contribution to journalArticleResearchpeer-review

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