Dealing with the King's Enemies: The Drafting of the Communist Party Dissolution Bill 1950 |
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Authors: | Laurence W. Maher |
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Abstract: | Abstract The lawyers called upon to draft a Bill which, if enacted, could validly give effect to the promise of the successful Liberal–Country Party coalition in the 1949 federal election to outlaw the Communist Party of Australia, faced a difficult assignment. Their political instructors faced a dilemma: should the new government take a less confrontational approach to communist disruption of the economy and risk undermining the government's popular support, or should it press ahead with the promised ban and risk having the High Court of Australia invalidate it? In a process in which the politics of pragmatism gave way to Cold War ideology, the choice of the latter path led to failure. |
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