1/3
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai | Chat |
|---|
No analytics yet
Send a link to your students to track their progress
Role of high court
Play an interpretative role in resolving constitutional disputes and defining the limits of Commonwealth and state law-making powers
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
Important case to remember
Brislan Case
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