Constitutional 'borrowing' and freedom of expression

can Australia learn from the US First Amendment?

Research output: Contribution to journalArticle

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.
Original languageEnglish
Pages (from-to)56-62
Number of pages7
JournalAlternative Law Journal
Volume44
Issue number1
Early online date10 Jan 2019
DOIs
Publication statusPublished - Mar 2019

    Fingerprint

Keywords

  • Constitutional law
  • Comparative constitutional law
  • freedom of expression
  • High Court of Australia

Cite this