Keane
J
34.
106
Section 24 provides relevantly in relation to the composition of the lower
house that:
"The House of Representatives shall be composed of members directly
chosen by the people of the Commonwealth".
107
Section 64 provides for the appointment of Ministers of State for the
Commonwealth, and relevantly that:
"no Minister of State shall hold office for a longer period than three
months unless he is or becomes a senator or a member of the House of
Representatives."
108
Section 128 provides the sole means of altering the Constitution, and
relevantly that:
"The proposed law for the alteration [of the Constitution] … shall be
submitted in each State and Territory to the electors qualified to vote for
the election of members of the House of Representatives."
109
The limitation on governmental power which is indispensable 95 to the
effective operation of these provisions of the Constitution does not create a
personal right akin to that created by the First Amendment to communicate in
any particular way one might choose 96. In Monis 97, Crennan, Kiefel and Bell JJ
explained:
"Sections 7 and 24 of the Constitution do not … confer personal rights on
individuals; rather they preclude the curtailment of the protected freedom
by the exercise of legislative or executive power." (footnote omitted)
110
The Constitution does not guarantee that those who wish to express their
support for a candidate by making a donation may express themselves in that
95
Australian Capital Television Pty Ltd v The Commonwealth (1992) 177 CLR 106
at 146, 174, 236; [1992] HCA 45; Levy v Victoria (1997) 189 CLR 579 at 623;
Monis v The Queen (2013) 87 ALJR 340 at 373 [143]; 295 ALR 259 at 298.
96
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at 560; APLA
Ltd v Legal Services Commissioner (NSW) (2005) 224 CLR 322 at 451 [381];
[2005] HCA 44.
97
(2013) 87 ALJR 340 at 395 [273]; 295 ALR 259 at 328.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents