High Court Interpretation of the Constitution The High Court was established through s.71 of the Constitution. It obtains its jurisdiction from s.75 and s.76. When the Constitution was passed, it was recognised that there was a need to keep the Constitution relevant to the people of Australia- the High Court can do this by interpreting the words of the Constitution and giving meaning to them. According to s.76 of the Constitution, 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 a case regarding the Constitution comes before it. This usually happens when the Commonwealth or State Parliaments pass an act that another parliament, individual or group challenge in the High court as being ‘ultra vires’ (beyond their law-making power)

High Court Interpretation of the Constitution The High Court, through its interpretation of the Constitution in the adjudication of such disputes had tended to shift the balance of power away from the states towards the Commonwealth. Some people have said the High Court has taken an ‘activist role’

The High Court’s role in interpreting the Constitution To act as a guardian of the Constitution- it does this by interpreting and giving meaning to the words of the Constitution and applying them to everyday situations

The High Court’s role in interpreting the Constitution To keep the Constitution up to date- because of changes community values, standards and technology since the Constitution was written, the High Court needs to interpret the words of the Constitution in a way that keeps them relevant and up to date with society. example: The Brislan Case

The High Court’s role in interpreting the Constitution To act as a check and balance on injustices that may arise or any abuse of power- Either by the states or Commonwealth parliaments. An individual or group can bring a case to the High Court of they believe a law is unconstitutional (although its very expensive)

To give meaning to the words of the Constitution- and apply that meaning to everyday situations.

High Court approaches to the Constitution Through interpreting the Constitution, the High Court has had a greater impact than referenda when it comes to altering the law-making capacity of parliaments. The High Court DOES NOT change the wording of the Constitution (remember this is only achievable through referendum!)

High Court approaches to the Constitution Cases usually arise when Parliament passes a law that is considered to be outside of its law-making power (ultra vires) The High Court, through its interpretation of the Constitution in the adjudication of such disputes, has become less concerned with preserving the powers of the states.