Proportionality analysis as a constitutional criterion in political communication cases and its consequences

Date & time
12–1pm Thursday 19 May 2016


Finkel Theatre, The John Curtin School of Medical Research, Building 1, 131 Garran Road, The Australian National University

Sir Anthony Mason, AC KBE GBM  


For interstate visitors, we offer suggestions for accommodation near ANU.


In this lecture, Sir Anthony Mason will consider the new formulation of the proportionality test developed over a series of High Court cases on the implied freedom of political communication. The development of this new formulation culminated in its adoption by a majority of the High Court in McCloy v New South Wales (2015) 325 ALR 15; [2015] HCA 34. Sir Anthony will consider its consequences and implications.

Sir Anthony Mason was a Justice of the High Court from 1972 to 1987, and Chief Justice from 1987 to 1995. He graduated from the University of Sydney with Bachelor degrees in Arts and Law, and was admitted to the NSW Bar in 1951. During World War II he served in the RAAF. He was appointed a Queen’s Counsel (QC) in 1964, and served as Commonwealth Solicitor-General during 1964–69. He was a Judge of the NSW Court of Appeal (1969–72) and Pro-Chancellor at the Australian National University 1972–75. Sir Anthony’s other civil honours include appointment as a Commander of the Most Excellent Order of the British Empire (CBE) in 1969, Knight Commander of the Most Excellent Order of the British Empire (KBE) in 1972, Companion of the Order of Australia (AC) in 1988.

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