Freedom of Association in Australia

Freedom of association in Australia is legally protected and regulated in Australia principally by the common law and by statute, and only in an elliptical way by the constitution. In practice, Australians enjoy high levels of associative freedom due to cultural norms and historical traditions that undergird respect for freedom of association in social, economic and political life. This article outlines how Australian common law affirms the right to free association as a background liberty, illustrating its application across several domains. The article then discusses the limited protection to freedom of association accorded by the national constitution through the constitutional right to freedom of religion (s 116) and the implied freedom of political communication. Three case studies that illustrate the operation and importance of those protections are then closely examined. Finally, the article summarises the limited statutory protections provided by human rights charters enacted in three subnational jurisdictions in Australia, juxtaposing these against national and state laws that regulate and constrain associational rights

Association (psychology · Epistemology · Freedom of association · Genealogy · Geography · Human rights · Political science · European and International Law Studies · History · Judicial and Constitutional Studies · Law · Philosophy · Political Systems and Governance