Australian Communist Party v Commonwealth
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| The Communist Party v Commowealth | |
High Court of Australia |
|
| Full case name | The Communisty 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. | |
The Communist Party v The Commonwealth (1951) 83 CLR 1, also known as the The Communist Party Case, is a very famous 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.
[edit] Decision
The Court decided that the Federal Parliament did not have the power to pass the legislation.
[edit] Aftermath
Menzies sough to amend the Constitution to empower his legislation. However he was frustrated by Dr. Herbert Evatt.
