Roles and Powers of the High Court

Explain the High Court’s judicial power

s71 vests judicial power of the Cwth to the High Court of Australia and all ‘other federal courts’ created by Parliament. Judicial power is the power to adjudicate in courts by applying and interpreting the law to resolve a dispute.

what is the other function of the s71

s71 provides a constitutional basis for Parliament to create federal courts, allowing for the creation of a federal court hierarchy

State the High Court’s jurisdictions

The High Court’s main roles flow from its jurisdictions.
- s75 →original jurisdiction
-s76 →constitutional jurisdiction
s73 → appellate jurisdiction

define the HC’s original jurisdiction

• s75 gives the HC jurisdiction to hear cases involving states or Cwth as parties.

• Under s76, Parliament has granted the HC original jurisdiction to interpret the Constitution

define the HC’s appellate jurisdiction

• s73 specifies the HC’s power to hear appeals from Australia’s lower courts

Explain the HC’s constitutional interpretation role

• The HC’s interpretation of the wording of Constitution can affect the federal division of power

• Const divides law-making power between the Cwth and state governments
  →the HC’s broad or narrow interpretation can determine how wide or narrow those powers are.
  
  

Provide an example of HC’s constitutional interpretation role

In Tasmania v Cwth (1983) (Cth), the High Court interpreted s51 (xxix) external affairs powers broadly, allowing the Cwth Parliament to prevent the construction of dam in Franklin River to implement a international treaty.
=expanded the Cwth’s legislative powers under Tasmania’s environment, which was initially a residual power.

Explain the HC’s common law development role

The HC develops common law through its decisions by creating and overruling precedents to adapt the law to changing circumstances.

what is common law

common law is the body of law made by judges through court decisions. It comes into being after a dispute is brought to court and can avoid existing precedents.

Provide an example of the HC’s common law development role

In Northern Territory of Australia V Griffiths (2019), the HC developed the native title precedent by establishing how compensation should account for both economic and cultural loss when native title is extinguished

explain how the HC’s decision develop common law

The HC’s decision developed common law principle of native title first established in Mabo V Queensland (no2) (1992), developing it’s remedy for the compensation of the extinguishment of the Native Title Act 1993.

evaluate why this development was significant

+ This created a binding precedent for lower courts dealing with similar native title compensation disputes
- constrained by HC’s need to interpret and apply statutory framework in the Native Title ACt 1993 (Cwth), rather than freely creating a new compensation scheme.

Explain judicial independence

s72 established the independence of the judiciary.

• Judges are appointed by the GG on the advice of the Cabinet but can only be removed under the address of both houses.

• remuneration of judges cannot be diminished while in office
  =ensures judges are secure in their role and uphold rule of law

briefly explain the importance of an independent judiciary

allows federal judges to check and balance the Cwth Parl by interpreting law (and Const) and the executive government by judging the lawfulness of policies

Provide an example to how the HC kept the legislative accountable

In NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023), the High Court held that the provisions of Migration Act 1958 (Cth) were beyond the legislative power of the Commonwealth Parliament as they authorised indefinite immigration detention where there was no real prospect of removal in the foreseeable future. Such detention was punitive and therefore infringed Chapter III’s separation of judicial power, as punishment is an exclusive judicial function.
=shows how HC holds parl acc by invaliding legislation that exceeds its constitutional limits

Provide an example to how the HC kept the executive accountable

In Williams V Commonwealth (No1) (2012) , the HC held the executive cannot cannot fund the National School Chaplaincy Programs without supporting legislation.
= HC held the exec accountable by preventing it from spending public money without sufficient legislation

Briefly explain the HC’s role in shaping federalism

• Federalism is a system of government in which sovereignty is geographically divided between one central and two or more regional governments, each sovereign within their own sphere.  

• The HC interprets the Constitution to determine the scope and federal division of legislative and government authority 

power

the legal authority the institution has to perform that role

role

what an institution is expected to do