Australian Communist Party v Commonwealth
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| Australian Communist Party v Commonwealth | |
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| High Court of Australia | |
| Full case name | Australian Communist Party v The Commonwealth |
|---|---|
| Date decided | 9 March 1951 |
| Citations | HCA 5; (1951) 83 CLR 1 |
| Judges sitting | Latham CJ, McTiernan, Webb, Dixon, Fullagar, Kitto and Williams JJ |
| Case history | |
| Prior actions: | none |
| Subsequent actions: | referendum |
| Case opinions | |
| The defence power waxes and wanes. At a time of peace, the defence power is not broad enough to allow the Government to outlaw organisations. | |
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
[edit] 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.
[edit] Decision
The Court decided that the Federal Parliament did not 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.
[edit] Aftermath
Menzies sough to amend the Constitution to empower his legislation. However he was frustrated by Dr. H. V. Evatt.
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