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Could the White Australia Party succeed in challenging its ban?

By Anne Twomey, Professor Emerita in Constitutional Law, University of Sydney

Should the federal government be constitutionally able to ban a group, resulting in stiff criminal penalties for its continuing members, even though the group has not committed any crime?

This is the dilemma the High Court is facing with the constitutional challenge by the White Australia Party to the validity of the recently enacted Part…

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