Adelaide Company of Jehovah's Witnesses v Commonwealth
Encyclopedia
Adelaide Company of Jehovah's Witnesses Inc v Commonwealth (1943) 67 CLR
116 was a court case
decided in the High Court of Australia
on 14 June 1943.
In January 1941, acting pursuant to the National Security (Subversive Organisations) Regulations 1940, the Government of Australia
declared Jehovah's Witnesses
to be "prejudicial to the defence of the Commonwealth" and to the "efficient prosecution of the war
". Police immediately occupied premises of the organisation.
In September 1941, Jehovah's Witnesses applied to the High Court for an injunction to restrain the Commonwealth from further trespassing on their premises, and seeking damages. The Witnesses argued that the regulations contravened the express constitutional protections for freedom from religious discrimination contained in section 116
of the Australian Constitution
, which states:
The court unanimously held that the National Security (Subversive Organisations) Regulations 1940 did not infringe against section 116, but that the government had exceeded the scope of the Commonwealth's "defence power" in section 51(vi)
of the Constitution.
This was only the second case to consider section 116. The first had been Krygger v Williams (1912). In that case, the protections afforded by section 116 had been defined very narrowly.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
116 was a court case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
decided in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
on 14 June 1943.
In January 1941, acting pursuant to the National Security (Subversive Organisations) Regulations 1940, the Government of Australia
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
declared Jehovah's Witnesses
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
to be "prejudicial to the defence of the Commonwealth" and to the "efficient prosecution of the war
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
". Police immediately occupied premises of the organisation.
In September 1941, Jehovah's Witnesses applied to the High Court for an injunction to restrain the Commonwealth from further trespassing on their premises, and seeking damages. The Witnesses argued that the regulations contravened the express constitutional protections for freedom from religious discrimination contained in section 116
Section 116 of the Australian Constitution
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion...
of the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
, which states:
The court unanimously held that the National Security (Subversive Organisations) Regulations 1940 did not infringe against section 116, but that the government had exceeded the scope of the Commonwealth's "defence power" in section 51(vi)
Section 51(vi) of the Australian Constitution
Section 51 of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to "the naval and military defence of the Commonwealth and of the several States, and...
of the Constitution.
This was only the second case to consider section 116. The first had been Krygger v Williams (1912). In that case, the protections afforded by section 116 had been defined very narrowly.