The High court of Australia

Essay by lil_griffoHigh School, 11th grade October 2007

download word file, 7 pages 5.0

1)What is the role of the High Court in Australia?The High Court of Australia is the nations most fundamental legal tribunal. The Australian High Court was formed by the Commonwealth of Australia Constitution Act of 1900. Under the original jurisdiction, the exclusive role of the Australian High Court is to interpret the constitution through making decisional outcomes upon existing disputes on constitutional matters.

Under the High Court of Australia, appellate jurisdiction exists. This particular jurisdiction covers a large amount of appeals from lower levels of courts, as well as appeals from the High Court itself. The High Court is Australia's highest level of court and has generally given a larger amount of power to the federal parliament.

"The High court may not give opinions or declare laws valid or invalid unless it is deciding a dispute." The High Court of Australia is involved with the constitution through a variety of elements.

Firstly, the constitution gives the authority for the High Court to review Commonwealth legislation if a constitutional dispute arises before it. This element of the High Courts involvement within the constitution is referred to as a "Judicial Review."The High Court of Australia is the final court of appeal for all cases that arise within Australia. Appeals made from all federal courts, state courts with federal jurisdiction and each state Supreme Court may be heard within the High Court when it is exercising "appellate jurisdiction." The High court also has the authority to hear a case in the first instance. This is referred to as "original jurisdiction." Due to the High court having original jurisdiction, it has the power toThe High Court of Australia can either be "full" or "partial." Within a partial court, there is either a single judge or three judges to hear the particular case. Within a...