Consequences
The case was one of the earliest in a series of cases in which the High Court found implied rights in the Constitution. This trend reached a high-point in Theophanous, which found that the implied right to freedom of political communication could be used as a defence in a defamation action. Although that is no longer the case, the limited right to freedom of communication remains.
In discussing the nature of representative government, Chief Justice Mason expressed the view that although the Constitution originally drew its authority from the British Imperial Parliament, it would indeed be appropriate in modern times to recognise that Australian sovereignty derives its force from the Australian people.
Read more about this topic: Australian Capital Television Pty Ltd V Commonwealth
Famous quotes containing the word consequences:
“Resistance is feasible even for those who are not heroes by nature, and it is an obligation, I believe, for those who fear the consequences and detest the reality of the attempt to impose American hegemony.”
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