Taking the Constitution Out of the Common Law: Political Libels and Freedom of Communication in Australia

Abstract

This paper argues that English courts should adopt a recent Australian innitiative in the area of political libels. It is suggested that English law is at present too accommodating to defamed politicians and insufficiently sensitive to the need to foster freedom of political expression. The paper contends that Australian law, unlike similar rules found in American constitutional law, offer our courts an unproblematic way to re-order this aspect of our common law in a fashion that better serves the political values of transparency and accountability within the government process.