Law reform essay user description: an essay in response to the question: how has law reform created greater justice for society and individuals with reference to the mabo case, the wik peoples v qld, and the yorta yorta community v. The high court of australia is the highest court in australia and was established in 1901 it deals with appeals from the federal courts , family court and supreme court it also deals with matters of interpreting the australian constitution and the constitutional validity of laws.
When the court delivers judgments, copies are immediately available from the canberra office, and are provided to the parties and media free-of-charge additional copies can be purchased, at the fee prescribed in the high court of australia (fees) regulation 2012, by the parties and the public in the canberra, melbourne and sydney offices of.
The functions of the high court are to interpret and apply the law of australia to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from federal, state and territory courts state and territory courts. The high court was relocated for good to canberra but even then it looks into cases of other places (terry & giugni, 2003: 70-71) the high court has many basic functions the federal law stands out and is the ultimate entity in the australian legal system so the high court has to interpret that and the constitution and protect rights of individuals. This was the founding fathers‟ intention when writing the constitution they were primarily concerned with making sure that despite the fact a national authority was being created, the colonies still retained much of their original legislative powers the founding fathers also created the high court, the highest court in australia. To understand the expression ‘the independence of the judiciary’ you first must understand what is meant my judiciary the judicature is: the judicial power of the commonwealth shall be vested in a federal supreme court, to be called the high court of australia, and in such other federal courts as the parliament creates, and in such other courts as it invests with federal jurisdiction.
The high court of australia has the authority to decide matters relating to the australian constitution, that is it interprates the meanings of constitution when used in legal cases, and in using this power has influenced the balance of power between the states and the commonwealth.
Stephen j put forth that, there exists a quite precise treaty obligation, on a subject of major importance in international relationships, which is called for the domestic implementation within australia another high court decision which relates to s 51 of the constitution is the case of the commonwealth v tasmania (the tasmanian dams cases. The high court of australia was established in 1901 by section 71 of the constitution (high court, date accessed 25 may 2001) until the judiciary act was passed in 1903 the high court could not appoint judges or have any sittings (high court, date accessed 25 may 2001.
“the history of australian federalism has been one of power slowly shifting from the states to the commonwealth”- evaluate the various ways this has happened, and evaluate the notion that the states are no longer relevant in australia’s modern political landscapesince the conception of australian federalism in 1901, there has been continuous disputes regarding the commonwealth governments attempt to centralise all power in their hands at the expense of the states. The high court is split into three levels depending on the number of justices and what is being heard the high court (1 justice), the full court of the high court (not less than two justices) and the full bench of the high court (5-7 justices) the main role of the high court is to interpret the constitution. South australia objected to this and brought the commonwealth government to the high court stating that the move to centralise tax was a sign of the commonwealth misusing its power this case involved two new south wales tobacco wholesalers who were charged by the new south wales.