Chapter 7 The roles and powers of the High Court of Australia

Question 1

This chapter of the Constitution specifies an exclusive power for the Parliament to create federal courts

Answer 1

Chapter 3

Question 2

Constitutional protection of this right is provided by s80 of the Constitution

Answer 2

right to a trial by jury for federal indictable offences

Question 3

Which Act of 1903 sets out the legal framework of the court system?

Answer 3

Judiciary

Question 4

Process by which State and Territory courts rule on federal maters by virtue of authority given to them to do so.

Answer 4

Cross-vesting

Question 5

The ‘inferior’ Federal Magistrates Court was changed to this ‘intermediary’ level court in 2013

Answer 5

Federal Circuit Court of Australia

Question 6

This 1995 High Court case ruled that the HREOC could not exercise judicial power as intended through the Federal Court

Answer 6

Brandy’s

Question 7

Parliament has the power to remove judges only on the basis of ‘proven_______________’

Answer 7

misconduct or incapacity

Question 8

s72 of the Constitution was changed by referendum in 1977, which now means judges must ____________

Answer 8

retire by age 70 years

Question 9

The two types of court jurisdiction

Answer 9

original and appellate

Question 10

There is no automatic right to appeal to the High Court. This is granted through ________ ________ to Appeal

Answer 10

Special Leave

Question 11

By which year did the High Court become the sole court of appeal for any case ie not to a British court

Answer 11

1986

Question 12

Identify the two broad elements of the original jurisdiction of the High Court as set out in s75 of the Constitution

Answer 12

Disputes between States and the Commonwealth and matters concerning treaties with other countries or international organisations

Question 13

Define a writ of mandamus

Answer 13

Court direction for a government official to carry out a specific action to remedy an unlawful act of government (public service arm)

Question 14

This landmark case against the Commonwealth in 2014 effectively prohibited the Commonwealth Parliament from funding the school chaplaincy programme as it was deemed to exceed their constitutional power

Answer 14

Williams (No.2)

Question 15

State powers in the federal system are constitutionally protected through the High Court capacity to discover implications in the Constitution, referred to as ‘implied ____________’

Answer 15

immunities and prohibitions

Question 16

Two implied rights in the Constitution.

Answer 16

Right to vote and to political communication

Question 17

The Norrie case of 2014 changed common law by allowing registration of gender to now include the category …..

Answer 17

‘non specific’

Question 18

The two conservative types of judicial interpretation or ‘discretion’.

Answer 18

Legalism and literalism