The Role of the High Court of Australia

Question 1

THE HIGH COURT OF AUSTRALIA

Answer 1

The High Court is the highest court in the Australian judicial system.
It was established in 1901 by Section 71 of the Constitution.
The seat of the High Court is in Canberra and it has offices in Sydney and Melbourne.

Question 2

FUNCTIONS OF THE HIGH COURT

Answer 2

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

Question 3

INTERPRETING THE CONSTITUTION AND KEEPING LAWS RELEVANT

Answer 3

The High Court is the only court which may interpret the meaning of the Constitution.
This power (outlined in section 71 of the Constitution) means that only the High Court can hear and resolve disputes involving 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 4

PROTECTING THE RIGHTS OF AUSTRALIANS

Answer 4

The High Court resolves disputes between individuals and state or the federal government.
Some ‘rights’ that Australians have are not explicitly stated in the Constitution. (e.g.. Freedom of expression)
The High Court can rule whether or not these rights are implied even if not directly stated.

Question 5

FINAL COURT OF APPEAL

Answer 5

Most of the High Court’s work relates to the hearing of appeals against decisions of lower courts.

There is no automatic right to have an appeal heard by the High Court.

Those who wish to appeal must persuade the Court that there are special reasons to cause the appeal to be heard.

Decisions of the High Court on appeals are final.