Australian Constitution

1951

Australian Communist Party v Commonwealth

High Court of Australia(1951) 83 CLR 1

Key Principle

Struck down the Communist Party Dissolution Act 1950, holding that the Commonwealth cannot simply declare facts to bring legislation within a head of power; Parliament cannot expand its own powers by legislative recital

The High Court struck down the Communist Party Dissolution Act 1950, which sought to dissolve the Communist Party and associated organisations. The majority held that the defence power in peacetime did not support the legislation, and that Parliament could not expand its own constitutional powers by making legislative declarations of fact — a recital that the Communist Party was a threat to national security could not make it so for constitutional purposes.

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