Everything about Australian Communist Party V Commonwealth totally explained
Australian Communist Party v The Commonwealth (1951) 83
CLR 1, also known as the
The Communist Party Case, was a legal case of the
High Court of Australia
Background
Taking advantage of
Cold War concerns. Prime Minister Menzies enacted legislation to outlaw the Communist Party. The legislation also put restrictions on who could hold office in
trade unions. The governments claim was that it had the power to do so under section 51vi (defence power) of the Australian Constitution.
Decision
The Court decided that the Federal Parliament didn't have the power to pass the legislation, and that it was for the people, at elections, to reject parties which may be viewed as extremist.
Aftermath
Menzies sough to amend the Constitution to empower his legislation. However he was frustrated by Dr.
H. V. Evatt.
Further Information
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