The Australian COMMUNIST PARTY CASE (1951) and the Purposive DEFENCE POWER of s 51 | AUSSIE LAW

In 1951, the High Court of Australia decided the Communist Party case, one of the most important cases ever decided by the High Court. During the Cold War, the Menzies Government through the Australian Parliament approved the Communist Party Dissolution Act 1950 (Cth), which aimed at dissolving the Australian Communist Party. The validity of the Act was questioned before the High Court. The case will be explained in this video. We will talk about the decision of the High Court of Australia, the relation to the purposive head of power in section 51 (vi), the defence power of the Commonwealth, and what was the outcome of this case.
0:00 - Intro
0:45 - Facts of the case
1:57 - Issue and Question before the High Court of Australia
2:58 - The Defence Power
7:30 - Decision of the High Court
11:12 - Bonus
// This video does not provide legal counselling or opinion about cases. This channel was created for educational purposes only. //
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RECOMMENDED READINGS:
- Winterton's Australian Federal Constitutional Law (Gerangerlos, Aroney, Murray, Evans, Emerton, Stone) : amzn.to/3vq647V
- The Constitution of the Commonwealth of Australia Annotated (Lumb, Moens and Trone) : amzn.to/3aHSkxu
- Australian Constitutional Cases (P. H. Lane)
(I earn a small percentage from these qualifying purchases [at no additional cost for you!])
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LINKS:
- The Commonwealth of Australia Constitution Act : www.legislation.gov.au/Detail...
- Australian Communist Party v Commonwealth (1950) : jade.io/article/64758
- Farey v Burvett (1916) : jade.io/article/62540
- Stenhouse v Coleman (1944) : jade.io/article/64340
- “The Communist Party case: 65 years on” : www.ruleoflaw.org.au/65th-com...
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#auslaw #australianconstitution #defencepower

[@AussieLaw]

🔔SUBSCRIBE to AUSSIE LAW: kzbin.info 0:00 - Intro 0:45 - Facts of the case 1:57 - Issue and Question before the High Court of Australia 2:58 - The Defence Power 7:30 - Decision of the High Court 11:12 - Bonus OTHER VIDEOS: - Methods of Constitutional Interpretation in Australia - www.youtube.com/watch?v=W6MXf... - The Characterisation of Laws: Identifying ‘Heads of Powers’ in the Australian Constitution - kzbin.info/www/bejne/oXK6qYyng9x2b5o - Incidental Characterisation: The Incidental Power of Section 51 (xxxix) of the Australian Constitution - kzbin.info/www/bejne/m5WXioutnLWeqJo - Purposive and Subject-Matter Heads of Power in the Australian Constitution - kzbin.info/www/bejne/n6fWnGybh6Zra6c - Characterisation and Proportionality: The test to balance the "means" and "ends" of laws - kzbin.info/www/bejne/m2jalqx6hcSNnZI

[@JCResDoc94]

fascinating. id nvr even heard of it. -JC

[@ct5240]

Hi Dr Costa, I want to say thank you for uploading these videos on Constitutional Law for free! I wish you were my lecturer. The way you explain the mechanisms behind the laws makes the bigger picture so much easier to understand. I have been cross-referencing my notes and case summaries against these videos to see if there are any interesting points I have missed. The references and quotes are particularly helpful because they really solidify the principles explained in each case, which I sometimes miss. Awesome work! I hope one day I have the same finesse to explain these concepts as eloquently as you do.

[@Monica092083]

Thank you, you explained this case so much clearer than my lecturer :)

[@JCResDoc94]

fascinating. how did i miss this? gr8 entry. _JC

[@tessmcnamara9230]

Please can you explain the implied freedom of political communication in the landmark cases please

[@ganggang1667]

is there ways we can ask questions n you make videos about it?

[@AussieLaw]

You can do it by becoming a member: kzbin.info/door/loahlV-M4A0LIc14rmfNnwjoin