Chapter 7 - High Court Flashcards
What is judicial power?
The power to adjudicate by applying and interpreting the law.
What is cross-vesting?
The practice of vesting judicial power across jurisdictions
What is an appellate jurisdiction?
The power of a court to hear appeals of decisions by lower courts
What is an original jurisdiction?
The areas of the law that a court can interpret
What are the two main roles of the High Court?
Determining constitutional cases under its original jurisdiction (S75/76)
Hearing appeals under its appellate jurisdiction (S73)
What chapter of the Constitution concerns the judiciary?
Chapter 3 (creates judiciary, entrenches judicial independence, defines jurisdictions etc.)
What does Section 71 involve?
Creates and vests Commonwealth judicial power in the High Court
Enables the creation of a court hierarchy
Permits cross-vesting of judicial power
What does Section 72 involve?
Judicial Independence:
Makes the GG appoint judges off PM advice
Judges can only be removed on the grounds of proven misbehaviour or incapacity by parliament
Protects judge salaries
What does section 73 involve?
Specifies the High Court’s appellate jurisdiction
High Court can hear appeals off miscarriage of justice, possibility to create new common law, conflict between courts
What do section 75 and 76 involve?
Specifies the High Court’s original jurisdiction
High Court can hear cases involving the meaning of the constitution, international and intergovernmental cases.
S76 allows the government to grant the HC additional jurisdiction
Example of a constitutional case?
Love & Thoms v Commonwealth 2020:
- Created a new category of citizenship ‘belonger’ for Indigenous people who weren’t citizens
Example of a common law High Court case?
Norrie v NSW Registrar of Births, Deaths, Marriages 2009:
- Created unspecified category of sex
