ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: flash36 on May 05, 2010, 06:50:11 pm
-
I have two questions on my revision sheet.
1. Describe the implied constitutional right to freedom of political communication. (I have answered this referring to s.7 and s.24 when combined give us the right to vote.)
2. Describe how the Constitution protects the right to vote. (Isn't this the same thing?)
-
No, the right to freedom of political communication is based on the right to have an informed vote. Not quite the same thing.
-
The constitution protects the right to vote (as of 2006) because it says that the government should be voted for "by the people" (no idea where, i don't do legal studies). This means that as of 2006, no new groups can be disenfranchised without a good reason (eg. people who aren't of 'sound mind')
-
An implied right to freedom of political communication exists because the High Court felt that the Founding Fathers of Australia, the writers of the Constitution, through their inclusion of representative and responsible government, felt that the community needed to have an informed vote. To have an informed vote, they must have a thorough knowledge of the party or individual they are voting for, and therefore the media is given a right to freedom of political communication, to inform the community about their behaviours etc. This makes the government representative of the people, because they are aware of what they do/say etc.
-
So to answer question 1 I would say something like "The Consititution provides for representative and responsible government, therefore the media is given the right to freedom of political communication to convey events and behaviours of political parties and politicians to the public."
-
Spot on! :)