'Reds under the beds' : 75 years since the Communist Party case / presented by the Hon Justice Glenn Martin AM

Brisbane : Supreme Court Library Queensland, 2026.

203316

Australia. -- [Communist Party Dissolution Act 1950]

Communism -- Biography -- Australia.

Legislative bodies -- Australia -- Dissolution.

Judges -- Australia.

Constitutional law -- Australia -- Cases.

The Communist Party case is one of the High Court’s most important decisions. In a high-profile legal battle, the argument before the Court pitted a future Chief Justice of Australia, Garfield Barwick KC, against the then Leader of the Opposition, Bert Evatt KC, to determine the constitutionality of the Communist Party Dissolution Act 1950. It reaffirmed that the Commonwealth cannot simply assert a threat to national security and legislate beyond constitutional limits. It placed constitutional principle above political fear and remains a cornerstone of Australian rule of law doctrine. The case shaped later jurisprudence on the defence power, emergency powers, and the separation of judicial and executive authority.

Open access

The Hon Justice Glenn Martin AM, "'Reds under the bed' - 75 years since the Communist Party case", 2026 Selden Society Lecture 1 given at the Banco Court, Brisbane, 16 Apr 2026.

1 online resource (64 minutes, 19 seconds) : YouTube video