Abstract
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Earlier in this book, in Chapter 4 to be precise, we took you through a
few cases and legal principles which revealed how the courts rely on legal theory
to guide them in their task of reaching a decision. In that chapter, you might
remember that we talked about a case involving a group of protestors who took
on the NSW government because it was attempting to limit their ability to protest
during Catholic World Youth Day (WYD) in 2008.1 We will now return to that
case to tease out the different theoretical angles that can be drawn upon to explain
its reasoning, and to critically engage with the principles that the case holds.