Uncertain and unstructured: The implied freedom of political communication after B abet, Ravbar and F armer

In the 2025 cases of Babet , Ravbar and Farmer , the High Court characterised structured proportionality as a ‘tool of analysis’ that need not be applied expressly or ritualistically in every implied freedom of political communication case. Yet the majority stopped short of clarifying the circumstances in which structured proportionality remains applicable, if at all, and declined to definitively endorse a consistent justification test. This article explores the underappreciated practical costs of doctrinal uncertainty for litigants, lawyers and lower courts, underscoring the need for greater methodological clarity in this area.