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.

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 development role

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

• As the Const divides law-making power between the Cwth and state governments, the HC’s broad or narrow interpretation of it 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 new precedent, interpreting existing legal principles and overruling previous precedent 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
=demonstrates how HC developed existing native title principle to provide greater contemporary recognition of Indigenous connection to land

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

the independence of the judiciary upholds the rule of law, ensuring those who execute or make law receives a fair trial and equal treatment to everyone else.

-it 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 of Immigration, Citizenship and foreign Affairs (2023), the HC held that the provisions of the Migration Act 1958 allowing indefinite immigration detention invalid where there was no prospect of removal. This was because punitive detention by the executive breached Ch III separation of judicial power.

=shows how HC can hold Parl acc by ensuring legislation remains within its constitutional limits

Provide an example to how the HC kept the legislative 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 

role

what an institution is expected to do

power

the legal authority the institution has to perform that role