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Ban on neo-Nazi White Australia party is ‘authoritarian’ and unconstitutional, high court hears

From The Guardian · () English

Translated from English and summarized by DistantNews. Read the original for the full story.

At a glance

News Named sources In the courts
  • Lawyers for the outlawed White Australia party told Australia’s High Court that anti-hate laws used against it are authoritarian and unconstitutional.
  • The party, formerly known as the National Socialist Network, was designated an illegal hate group in May after ASIO referred its recommendation to Home Affairs Minister Tony Burke.
  • The case also challenges the Commonwealth’s power to ban political parties, citing the High Court’s 1951 Communist Party ruling.

Lawyers for Australia’s outlawed White Australia party have told the High Court that the laws used to ban it are “authoritarian in nature” because they rely on the opinion of a politician.

The party, formerly known as the National Socialist Network, was designated an illegal hate group in May. The designation followed a recommendation from the Australian Security Intelligence Organisation that was passed to Home Affairs Minister Tony Burke.

The legal challenge argues that the Commonwealth does not have the constitutional power to ban a political party. Lawyers pointed to a 1951 High Court decision involving an attempt to prohibit the Communist Party.

The case places the government’s anti-hate framework against questions about executive power and constitutional limits. The lawyers say the legislation passed after the Bondi terror attack improperly depends on a ministerial view.

authoritarian in nature

· Lawyers for the White Australia partyThe lawyers described the anti-hate laws used to designate the party as illegal.
About this summary

Originally published by The Guardian in English. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.