Checks on parliament

The high court

established in s71, the high court has jurisdiction for certain disputes, including regarding the ac and its interpretation. It can change what words in the AC mean.

checks

a process or structure designed to reduce the potential for the abuse of power, such as parliaments making laws that exceed the powers given to them

types of checks it has

• protecting voting in elections - cth can’t interfere with peoples ability to engage in the political process

• protecting freedom of political communication - implied in the AC

limitations of the high court protecting representative government

• the high court must only interpret existing words. They must not add or change any wording.

• they can only intervene if someone challenges the law, and to do that the person requires standing.

standing

the requirement of a party to be directly affected by the issues or matters involved in a case, for the court to be able to hear and determine that case.

strengths

• judges are independent of the executive and legislative branches, and therefore decisions are based on legal principle rather than political pressure

• both the high court and principle of representative government are enshrined in the constitution

• judges are experienced and have access to a wide range of legal resources