The Role of the High Court

Question 1

Which section of the
constitution established
the High Court?

Answer 1

It was established in 1901 by Section 71 of the
Constitution.

Question 2

Where is the High Court?

Answer 2

• The seat of the High Court is in Canberra and it has
  offices in Sydney and Melbourne.

Question 3

What are the 4 main functions of
the High Court of Australia?

Answer 3

The functions of the High Court include:
1. Interpreting the Constitution and keeping laws relevant.
2. Checks and balances.
3. Protecting the rights of Australians.
4. Final court of appeal.

Question 4

Explain why it is important for the High Court to make keep the Constitution ‘relevant’.

Answer 4

The High Court is the only court which may interpret the meaning of the Constitution. This also means that the High Court can be called to interpret the meaning of the
Constitution in a modern context. This is important as the Constitution was written when many modern things (such as the internet) had not been invented yet. In this way, the High Court makes sure that the Constitution and laws remain relevant.

Question 5

Does the High Court have the power
to invalidate unconstitutional actions
or laws by a government?

Answer 5

The High Court will make sure that the government
doesn’t make any laws which exceed its power. It can make invalid any law by state or territory governments that breaches the Constitution. The court can also rule on international treaties or conventions that Australia
has signed. The High Court also acts as an impartial ‘umpire’ between parties debating whether or not something breaches the Constitution.

Question 6

Are all Australian rights clearly stated
in the Australian Constitution?

Answer 6

• Some ‘rights’ that Australians have are not explicitly stated in the Constitution.

Question 7

Can a decision that the High
Court makes be appealed?

Answer 7

• Decisions of the High Court on appeals are final.