Keane
J
33.
ideas 90 or to pursue the self-realisation involved in the free expression of one's
views 91. In light of the decision in Citizens United, it seems that this personal
right extends to corporations as well as natural persons.
102
The United States decisions shed little direct light on the path to the
resolution of the issues of concern here. That is hardly surprising, given that, as
Heydon J noted in Monis v The Queen 92, "the framers of [the Constitution], after
carefully examining the United States Constitution, deliberately decided not to
transpose its First Amendment, either in whole or in part."
103
In Australia, the limitation upon governmental power arises from ss 7, 24,
64 and 128 of the Constitution as a matter of necessity to ensure their effective
operation 93. In Lange v Australian Broadcasting Corporation 94, this Court
explained that:
"ss 7 and 24 and the related sections of the Constitution necessarily
protect that freedom of communication between the people concerning
political or government matters which enables the people to exercise a
free and informed choice as electors."
104
The text of the relevant sections of the Constitution should be noted to
make the point that political communication within the federation is free in order
to ensure the political sovereignty of the people of the Commonwealth, who are
required to make the political choices necessary for the government of the
federation and the alteration of the Constitution itself.
105
Section 7 of the Constitution provides relevantly in relation to the
composition of the upper house of the Commonwealth Parliament that:
"The Senate shall be composed of senators for each State, directly chosen
by the people of the State, voting, until the Parliament otherwise provides,
as one electorate."
90
Abrams v United States 250 US 616 at 630 (1919); New York State Board of
Elections v Lopez Torres 552 US 196 at 208 (2008).
91
Citizens United v Federal Election Commission 175 L Ed 2d 753 at 868 (2010).
92
(2013) 87 ALJR 340 at 390 [248]; 295 ALR 259 at 322; [2013] HCA 4.
93
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at 560-561;
[1997] HCA 25.
94
(1997) 189 CLR 520 at 560.
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