Rex v. McGrath (2022)
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| Rex v McGrath | |
|---|---|
.svg) House of Lords | |
| Hearing: 2 May 2022 Decided: 3 May 2022 | |
| Citations | Rex v McGrath, 5 John 1 vol. 1 p. 1 HOL |
| Prior history | Parliamentary ban of the Communist Party of Baustralia |
| Subsequent history | Parliamentary ban lifted as it violates the Human Rights Act. |
| Court Membership | |
| Judge | Lord Roy of Guwahati |
Rex v McGrath is a decision of the House of Lords where Aidan McGrath, leader of the Communist Party of Baustralia, challenged the Political Activities Act, which bans the party from the Parliament of Baustralia, is unconstitutional as it violates the Human Rights Act. As the Communist Party did not plan on overthrowing the constitutional form of government, the party pose no threat to the government, and section 3 of the Act of Parliament was struck down as in violation of the Human Rights Act.