Abstract
Events of 2014, particularly in New South Wales and Queensland, have sharpened focus on the relation between money and politics, with calls for increased regulation of donations to, and expenditure by, political parties. This is despite the existence of other features of our political system seeking to limit corruption, like disclosure laws, anti-corruption bodies, independent media, and Australia's standing as one of the least corrupt countries. This paper considers whether caps on political donations and limits on election spending are consistent with the Australian Constitution. The High Court has found that document requires freedom of political communication. This is subject to laws passed to further a legitimate objective, where their impact on the freedom is proportionate to a legitimate objective. Here, likely justifications for such restrictions are the need to reduce corruption and to create a level playing field. This article challenges both arguments, suggesting such restrictions are constitutionally invalid.
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