The Role of the High Court in interpreting the Constitution The Constitution sets up the High Court, giving it powers to decide disputes about the meaning of the constitution.

Role of the High Court in interpreting the Constitution S.76 of the constitution states that the High Court is the only court with the power to interpret the wording of the constitution and it can only do this when a dispute or case regarding the constitution is brought before it. In doing so, through its interpretation of the constitution in the adjudication of such disputes it has shifted the balance of power more towards the commonwealth and away from the states.

To act as a guardian of the Constitution Does this by interpreting and giving meaning to the words and applying them to everyday situations.

To keep the constitution up to date Needs to be kept up to date as community values, standards of technology for example, change. The high court needs to interpret words of the constitution in a way that keeps them relevant to society. For example, The Brislan case

To act as a check and balance of injustices Injustices or abuses of power may arise by either State or Commonwealth Parliaments. An individual or group can bring a case to the high court if they believe a law is unconstitutional however, this is very expensive.

To give meaning to the words of the constitution. The high court must apply this meaning to everyday situations to ensure it is kept up to date and people have a higher understanding of the wording. Interpretations are seen in many areas including; the powers of the Commonwealth Parliament in relation to external affairs; the financial relationships between the Commonwealth and state government; and the implied right of political freedom.

High court approaches to the constitution The high court has a greater impact than a referenda when it comes to altering Parliament’s law making capacity. Cases usually arise when Parliament passes a law that is considered outside of its area of law making power (ultra vires) Through its interpretation of the constitution in the adjudication of such disputes, it has become less concerned with preserving the states powers.

Strengths Keeps the constitution relevant to changes in society. High court judge are constitutional experts The High court acts as guardians meaning they protect it, not change it.

Weaknesses High Court tends to favour the Commonwealth Parliament High Court judges tend to be conservative and may not reflect the views of society They cannot change the wording of the Constitution.