10.7 The High Court and the Division of law-making powers

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Last updated 1:46 PM on 7/6/26
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4 Terms

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Role of high court

Play an interpretative role in resolving constitutional disputes and defining the limits of Commonwealth and state law-making powers

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Jurisdiction of High court

Listed under s.75 of constitution

  • disputes in which the commonwealth is a part

  • disputes between states or between residents of different states

  • disputes that involve questions about the division of law-making powers between the commonwealth and the states

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Important case to remember

Brislan Case

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discussion point of this high court role

a

  • promotes national consistency

  • allows constitution to remain flexible

  • clarifies the extent of commonwealth power

d

  • undermines state sovereignty by shifting power away from states

  • case law approach can be reactive not proactive- legal clarity is only porvided after disputes arise