Chapter 7 The roles and powers of the High Court of Australia Flashcards
This chapter of the Constitution specifies an exclusive power for the Parliament to create federal courts
Chapter 3
Constitutional protection of this right is provided by s80 of the Constitution
right to a trial by jury for federal indictable offences
Which Act of 1903 sets out the legal framework of the court system?
Judiciary
Process by which State and Territory courts rule on federal maters by virtue of authority given to them to do so.
Cross-vesting
The ‘inferior’ Federal Magistrates Court was changed to this ‘intermediary’ level court in 2013
Federal Circuit Court of Australia
This 1995 High Court case ruled that the HREOC could not exercise judicial power as intended through the Federal Court
Brandy’s
Parliament has the power to remove judges only on the basis of ‘proven_______________’
misconduct or incapacity
s72 of the Constitution was changed by referendum in 1977, which now means judges must ____________
retire by age 70 years
The two types of court jurisdiction
original and appellate
There is no automatic right to appeal to the High Court. This is granted through ________ ________ to Appeal
Special Leave
By which year did the High Court become the sole court of appeal for any case ie not to a British court
1986
Identify the two broad elements of the original jurisdiction of the High Court as set out in s75 of the Constitution
Disputes between States and the Commonwealth and matters concerning treaties with other countries or international organisations
Define a writ of mandamus
Court direction for a government official to carry out a specific action to remedy an unlawful act of government (public service arm)
This landmark case against the Commonwealth in 2014 effectively prohibited the Commonwealth Parliament from funding the school chaplaincy programme as it was deemed to exceed their constitutional power
Williams (No.2)
State powers in the federal system are constitutionally protected through the High Court capacity to discover implications in the Constitution, referred to as ‘implied ____________’
immunities and prohibitions
