It’s my party: The enforceability of political party rules

Abstract

When may a political party’s rules be enforced in an Australian court? This apparently simple question, of the justiciability of disputes involving members of parties and their executives, has recently received its third different solution in under 90 years, thanks to Courts of Appeal in two key states. This article critically explains the history of the case law and normative positions in this area. The new position is found to be retrograde for the rule of law within parties, while offering an unclear test for when such issues might be heard.