The Impact of Landmark Decisions made by the High Court P&L Year 12

Role Highest court in the land, created by S71 Highest court in the land, created by S71 Functions are: interpret and apply the law of Australia, decide cases of federal signifigance (constitutional validity) and to hear appeals. Functions are: interpret and apply the law of Australia, decide cases of federal signifigance (constitutional validity) and to hear appeals.

Section 73 Empowered to hear appeals from State and Territory supreme courts as well as Family court of Australia. Empowered to hear appeals from State and Territory supreme courts as well as Family court of Australia. Privy council in UK was last/highest court of appeal until the Australia Act was passed in Privy council in UK was last/highest court of appeal until the Australia Act was passed in 1986.

Section 75 The power to adjudicate between Commonwealth and States concerning treaties, with representatives of other nations, where the Commonwealth government is a party, between states and where the commonwealth is being sued. The power to adjudicate between Commonwealth and States concerning treaties, with representatives of other nations, where the Commonwealth government is a party, between states and where the commonwealth is being sued.

Section 76 Gives it ‘applied power’ which means it has jurisdiction over any matters arising under the constitution and interpretation, Federal Law, admirality and Maritime law. Gives it ‘applied power’ which means it has jurisdiction over any matters arising under the constitution and interpretation, Federal Law, admirality and Maritime law.

High Court Subject matter covers the whole range of Australian law Subject matter covers the whole range of Australian law Most of the courts work relates to hearing appeals. Appeals are not automatic as parties must convince court to hear the case in a preliminary case Most of the courts work relates to hearing appeals. Appeals are not automatic as parties must convince court to hear the case in a preliminary case Decisions are final Decisions are final 7 Justices at the moment. Some cases 1 justice, 3 or full bench of 7 if signifigant. Majority wins 7 Justices at the moment. Some cases 1 justice, 3 or full bench of 7 if signifigant. Majority wins

Limitations Bound to interpret the constitution in light of case before it. Ie it cannot initiate a case. Bound to interpret the constitution in light of case before it. Ie it cannot initiate a case. Doctrine of stare decisis applies (courts must have a good reason to overturn their own precedents) Doctrine of stare decisis applies (courts must have a good reason to overturn their own precedents) Cannot make laws contrary to constitution. Cannot make laws contrary to constitution. Parliamentary sovereignty means that any Act of Parliament must be obeyed by the courts (except if it is contrary to the constitution) Parliamentary sovereignty means that any Act of Parliament must be obeyed by the courts (except if it is contrary to the constitution)

Original intention of the Constitution Founding fathers wanted States to maintain most powers. Founding fathers wanted States to maintain most powers. Role of High Court can be highlighted through increased power of Commonwealth Role of High Court can be highlighted through increased power of Commonwealth Writers of the constitution:1) designed High Court to protect state powers,2) along with strictly limited powers of Federal government and 3)Senate. Writers of the constitution:1) designed High Court to protect state powers,2) along with strictly limited powers of Federal government and 3)Senate. Therefore some say it has failed in its duties as it has passed increasing powers to commonwealth government. Therefore some say it has failed in its duties as it has passed increasing powers to commonwealth government.

Phases of High Court Phase 1-( ) Intentionist ie/ theme was to understand the ‘intent’ or desire of founders. Mainly in favour of the states. Phase 1-( ) Intentionist ie/ theme was to understand the ‘intent’ or desire of founders. Mainly in favour of the states. Phase 2-( )Legalist ie/ judicial emphasis was placed upon the actual literal meaning of the words. Phase 2-( )Legalist ie/ judicial emphasis was placed upon the actual literal meaning of the words.

Phases of High Court Phase 3-( )ie/ Neutral phase or applied legalism. ‘black letter of the law’, neither state or comm favoured. Phase 3-( )ie/ Neutral phase or applied legalism. ‘black letter of the law’, neither state or comm favoured. Phase 4- Activist ie/ it is meant that the emphasis of judicial interpretation was placed upon the application of the Constitution to contemporary society. Phase 4- Activist ie/ it is meant that the emphasis of judicial interpretation was placed upon the application of the Constitution to contemporary society.