FINDING THE STREAMS' TRUE SOURCES: THE IMPLIED FREEDOM OF POLITICAL COMMUNICATION AND EXECUTIVE POWER.

In this article, we explore the implied freedom of political communication's ('implied freedom's') application to executive power at the Commonwealth, State and Territory levels. We propose that the proportionality test used by the plurality in McCloy v News South Wales1 be adapted to executive actions affecting the implied freedom. We then illustrate our proposed approach by applying it to the case of Chief of the Defence Force v Gaynor.2 [ABSTRACT FROM AUTHOR]