Functions of the high court

Question 1

Functions of the high court

Answer 1

• Section 71 established the high court of Australia and gave parliament the power to alter the number of justices in the high court.
• When the full bench sits, there are 7 justices
• The high court hears appeals, constitutional disputes and interprets laws and the constitution.
• Section 75 and 76 define the original jurisdiction of the high court as ‘to interpret the meaning of the constitution when a dispute is brought before it’.
• Justices are appointed by the GG on the advice of the federal attorney-general at the federal executive council.
• The 1977 referendum insists that justices retire at 70 years old.
• Asides from retirement age, justices can only be removed on two grounds: proved misbehaviour or incapacity.
• The high court’s interpretation of the constitution can only be overruled by another full bench of the HCA departing from precedent (unlikely) or referendum (often unsuccessful)