discrimination Trial by jury for indictable offences The constitutional guarantee that a trial on indictment for a federal offence must be by jury (section 80) has been rendered virtually worthless because the High Court has decided that it is applicable only to a trial that proceeds formally by way of indictment, and it is completely in Parliament's discretion to decide which offences are triable on indictment and which are not. This narrow view is confirmed in the majority judgement of Kingswell v the Queen. Powerful dissents to the effect that the section must be given some substantive meaning (the trial of offences of some specific degree of gravity must be by jury) have not prevailed. On the other hand, where Parliament has prescribed jury trial, the Court has been willing to impose some content on that notion. In particular, it has insisted that conviction by a jury for a Federal offence must be by the unanimous agreement of the jurors – a majority verdict will not suffice. Freedom from economic regulation The constitutional requirement that "trade, commerce, and intercourse amongst the States ... shall be absolutely free" (section 92) was for a considerable time interpreted as a guarantee of some degree of freedom from government regulation. A notable example of this line of jurisprudence was the High Court's disallowance of a Commonwealth Act which had the aim of nationalising the banking industry. In 1988 following the decision in Cole v Whitfield, which was notable also for the Court's willingness to use the transcripts of the Convention debates as an aid to interpretation, the Court unanimously decided that what the section prohibited, in relation to interstate trade and commerce, were only "discriminatory burdens of a protectionist kind". That is, the section did no more than guarantee "free trade" (in the conventional sense) among the States. But in relation to "intercourse" (i.e. personal movement between States), the Court suggested that the scope of the guarantee would be much wider, and may even, in relation to some forms of such intercourse, be truly absolute. Implied rights Implied rights are the political and civil freedoms that necessarily underlie the actual words of the constitution but are not themselves expressly stated directly in the constitution. The High Court has held that no implication can be drawn from the Constitution which is not based on the actual terms of the Constitution, or on its structure. Since