16.3

Question 1

Identify the two ways the high courts interacts woth the aus const.

Answer 1

The High Court works with the Australian Constitution by explaining what it means and making sure laws follow its rules. First, it decides how power is shared between the federal and state governments, helping them understand their roles. Second, it protects people’s rights by checking if new laws agree with the Constitution, canceling any that don’t. This keeps the Constitution strong and fair for Australia.

Question 2

Summarize why the const might need to be interpeted

Answer 2

Interpreting the Constitution helps apply its principles to modern situations and challenges that the original authors could not have anticipated. This process ensures that the Constitution remains relevant and effective in protecting rights, defining government powers, and guiding legal decisions in today’s context. Additionally, interpretation helps resolve disputes about the meaning of specific provisions, maintaining the rule of law and fairness in the legal system.

Question 3

when resolving dispoyes over the meaining of the const, the high courts can;?

Answer 3

-> checking the law- making power of parliament
The High Court checks the law-making power of Parliament by reviewing new laws to ensure they comply with the Australian Constitution. If someone believes a law is unfair or goes against the Constitution, they can challenge it in court. The High Court then decides if the law is valid or if it should be struck down. This process helps maintain a balance of power and protects the rights outlined in the Constitution.

Question 4

when resolving dispoyes over the meaining of the const, the high courts can;?

Answer 4

-> protect express and implied rights
The High Court protects express rights by making sure that laws and actions of the government follow the specific rights written in the Australian Constitution. If a law violates an express right, the High Court can strike it down. For implied rights, the High Court interprets the Constitution to find rights that aren’t explicitly stated but are understood to be important, like the right to free speech. By doing this, the High Court ensures both express and implied rights are respected and upheld in Australia.