To evaluate the impact of the high Court on Australias federal experience, its important to discuss the uplifted Court, ideas of centralism and federalism and the five phases of the High Court.
The High Court of Australia is the superior hail of the Australian hierarchy of courts. Its the just now court thats directly established by the Australian Constitution. It has skipper jurisdiction over constitutional disputes ( supplying the constitution) and appellant jurisdiction over all civil and crook law in Australia (highest court of appeal). The HCA also resolves inter se disputes between the Commonwealth and States. for the most part the HCA only hears State and Commonwealth disputes and Supreme Court cases (civil and criminal appeals) due to how expensive it is to be heard by the High Court. Also the HCA can refuse to hear some cases, and provide sometimes refuse to hear cases apart from those mentioned above.
The doctrine of separation of powers says that the bench should be autarkic of the executive and legislature. Although, the High Court has expire more of a semipolitical institution than a reasoned institution, which means that, the High Court (Judiciary) is becoming less independent from the Executive and Legislature. High Court judges are official by the Governor General on the advice of the Prime attend and Cabinet.
This can cause controversy due to the possible political and ideological bias of the judges. The High Court can interpret the Constitution in different ways. It can be taken so that rulings are based on the effect it bequeath have on the Division of Powers. Theres also the legalist approach, which is that the constitution should be interpreted like any statute, with the emphasis placed on the actual words rather than on how the decision may affect the division of powers.
The High Court has gone through...
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