Question 3

Geoff is a protester who is against duck hunting in Victoria. Geoff disrupts all duck hunting events, and is eventually arrested for disturbing the peace; he is brought before the Magistrate’s Court. Geoff claims his right of freedom speech under the Australian Constitution, and hence this court has no authority over him.

Explain which court must decide whether Geoff has such rights under the Constitution, and why that court is involved. What would be the effect of a court actually determining that he did have a right of freedom of speech under the Constitution? What if the court made a decision which the government found to be unreasonable under current opinion? [Look at the hierarchy of the court system, the role of the High Court, and the role of parliament in interacting with court decisions]