Donation and spending limits in political finance law and their compatibility with the Australian Constitution

Gray, Anthony (2014) Donation and spending limits in political finance law and their compatibility with the Australian Constitution. Australian Journal of Politics and History, 60 (4). pp. 592-605. ISSN 0004-9522

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Abstract

This paper considers the current New South Wales legislation regarding political donations and spending, on the basis of a possible challenge to them as being incompatible with the implied freedom of political communication in the Australian Constitution. The paper argues that arguments for restrictions of this type, such as that they are necessary to create a 'level playing field' or that they help reduce the risk of corruption, are often unconvincing. The High Court has rightly insisted that restrictions on the implied freedom be justified by sufficient convincing evidence, rather than mere assertion, and it is difficult to justify these restrictions on the claimed grounds. The High Court has robustly defended the implied freedom in recent times.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 2014 The Author. Published version deposited in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 05 Jan 2015 04:54
Last Modified: 06 Sep 2016 04:48
Uncontrolled Keywords: political donations; political spending; democracy; elections; electoral law; political communication
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
16 Studies in Human Society > 1606 Political Science > 160601 Australian Government and Politics
18 Law and Legal Studies > 1801 Law > 180103 Administrative Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940202 Electoral Systems
Identification Number or DOI: 10.1111/ajph.12078
URI: http://eprints.usq.edu.au/id/eprint/26398

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