Critical Discussion

| November 13, 2015

Section 51(vi) of the Australian Constitution is known as the Defence Power. This power has been interpreted widely by the High Court, including the taking possession of and controlling property, confiscating literature, and prohibiting public meetings of organizations whose activities were considered prejudicial to the defence of the Commonwealth or the prosecution of war. Examine critically how the High Court has prevented excesses by the executive in using this power, particularly in attempting to abolish organisations deemed working against Australian interests.
Academic references only.

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