Australian Communist Party of Australia v The Commonwealth: Histories of Australian Legalism

In this article I structure legalism as a device to interpret how 1951 is remembered in law, in order to show what legal orthodoxies meant in their own time, and how that shifts to a different form of legalism in our own. In doing so, I will argue that the idea of legalism famously produced by the High Court judgment in 1951 has shifted its meaning as much as the ideological support of and opposition to communism that were expressed in the case. I will suggest that this history requires conscious incorporation in the commemorative narratives of democracy vs. communism'.