High Court judge declares war in political parties’ names case

Is the recent High Court case on the names of political parties the beginning of the end for constitutional protection of free speech in Australia?

The Electoral Legislation Amendment Act 2021 was basically a stitch-up between the two major parties. They convinced themselves that voters were sufficiently confused by the presence of the Lib Dems and the Democratic Labor Party that they should be allowed to object to the Electoral Commission on their behalf.

“The invalidation of ‘Parliament’s work’ must therefore be reserved to those more extreme laws which offend the most essential of democratic values and systems. On balance, that is not this case.”Steward wants to forget about the prisoner case of Roach and the voter enrolment case of Rowe , which most people thought had embedded an implied right to vote. And the implied free speech cases since 1992.

For instance, most nouns inflect for number and case . By contrast, derivatives are new words formed by adding to an existing lexical base .”On this one, Hearsay is happy to hand over to Justice Gageler. Kiefel and Keane also made a good point. They said the law was “directed principally to a problem which does not arise from a word in a party name, but rather from the location of the name on a ballot paper”.It might be dramatic to suggest political free speech is in trouble when only one judge out of seven has put it in the bin. But there is significant confusion as to how the cases should be decided – another bugbear of Steward.

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