High Court

Question 1

What sections in Constitution

Answer 1

Section 71 creates High Court Section 75 &76 gives the Commonwealth Parliament the power to establish the High Court with the jurisdiction to hear disputes arising under the Constitution or involving its interpretation.

Question 2

3 Types of Cases

Answer 2

Claims that the Commonwealth has interfered with the residual powers of the states Disagreements between two or more states over law-making powers Claims that the states have exceeded their authority by creating law on a matter reserved exclusively for the Commonwealth

Question 3

What Section: Judicial power and Courts The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

Answer 3

Section 71

Question 4

What Section: Additional original jurisdiction The Parliament may make laws conferring original jurisdiction on the High Court in any matter: (i) arising under this Constitution, or involving its interpretation; (ii) arising under any laws made by the Parliament; (iii) of Admiralty and maritime jurisdiction; (iv) relating to the same subject-matter claimed under the laws of different States.

Answer 4

Section 76

Question 5

Section 71 covers

Answer 5

Judicial power and Courts The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

Question 6

Section 76 covers

Answer 6

Additional original jurisdiction The Parliament may make laws conferring original jurisdiction on the High Court in any matter: (i) arising under this Constitution, or involving its interpretation; (ii) arising under any laws made by the Parliament; (iii) of Admiralty and maritime jurisdiction; (iv) relating to the same subject-matter claimed under the laws of different States.

Question 7

Example of providing checks to Executive Power

Answer 7

Plaintiff v. Minister for Immigration and Citizenship 2011

• 6-1 decision, of the High Court of Australia
• Regarding the movement of asylum seekers to Malaysia under an Australian government policy known colloquially as the Malaysian Solution.
• The High Court found that Malaysia was not legally bound to protect the asylum seekers under the “Migration Act 1958”, which therefore made the policy invalid.

Question 8

Approaches to Interpretation

Reserved Powers Doctrine

Answer 8

´This was a restrictive approach taken in order to preserve the residual powers of the states.

As time passed this has changed

Question 10

Approaches to Interpretation

Broad Interpretaion

Answer 10

´High Court has a tendency to broaden Commonwealth power, with some commenting that they have adopted an activist role.

Broad interpretation of the constitution gives more power to the commonwealth

Question 11

High Court - 4 Strengths

Answer 11

1. Bringing a case can rectify an injustice
2. HC justices are expersts in constitutional law ► experst
3. Can act as check against abus of power
4. Can keep constitution relevant

Question 12

High Court - 6 weaknesses

Answer 12

1. HC cannot change wording
2. HC must wait for a case to be brought
3. Party bringing case must have standing
4. Bringing case to HC is expensive
5. HC bay be conservative ► not making change
6. HC composition affects decisions.(some judges are more