Australian Constitution

2019

Clubb v Edwards

High Court of Australia(2019) 267 CLR 171

Key Principle

Confirmed and refined the structured proportionality test; abortion clinic safe-zone laws upheld as valid

The Court unanimously upheld Victorian and Tasmanian laws creating safe access zones around abortion clinics, prohibiting certain communications within 150 metres. While the justices were divided on methodology, all agreed the laws were valid. The case refined the application of structured proportionality after McCloy and Brown, confirming the current state of the implied freedom doctrine.

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