Judiciary Key Features Flashcards
CC10
1
Q
Roles of HCA
A
Interpreting the Constitution
- Sec. 71 of the Constitution- interrupt the meaning of the constitution ( the only court in Aus that can do so)
Case study- R v Brisian & Jone v C’wealth- whether the C’wealth had the power to make laws regarding postal and phone services.- the HCA keeps the constitution relevant by reinterrupting constitution
Other Roles:
-Keeping Constitution Relevant
-Protecting rights
-Resolving Disputes
2
Q
Rule of Law
A
that the people including the gov. should be ruled by the law and obey it and the people are willing to follow it
- essential for a liberal democracy
3
Q
Rule of Law- Features
A
- law must be certian- no one has teh power to create laws- enacted ahead of time, should be public
- laws must be general- apply to everyone in the same way with exceptions of police, non-citizens, young children
- laws must be applied equally- seperation with people who make the law and who applies it