Finding the Foothold: Freedom of Political Association in the Australian <i>Constitution</i>
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
Abstract The High Court has not definitively explained the legal status of the constitutionally implied freedom of political association since its existence was first raised in 1992. Tajjour v New South Wales affirmed the majority view that any constitutional protection enjoyed by political association is derived from the freedom of political communication; or, in the words of the Court, a ‘corollary to’ that freedom. In this article, we argue that the High Court should acknowledge the freedom of political association as a free-standing freedom rather than a corollary of political communication. The reasoning that gave rise to the implied freedom of political communication can also be applied to political association. The Court’s approach to the implication of freedom of communication, of building on the text of ss 7, 24 and 128 of the Constitution and the structures they establish, does not appear to be at odds with the implication of freedom of association. Consequently, we argue the Court has erred in favouring the corollary form of political association (pt IV). The corollary freedom has not been justified and appears either entirely unnecessary (being subsumed by political communication) or overly subjective in application. By contrast, the free-standing freedom could adopt the well-established Lange test of validity with only minor adjustments and therefore represent only a modest development of existing jurisprudence.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it