Essay On Australian High Court
explanatory Essay
634 words
The high court has a significant impact on the lives of all Australians. In order to understands how and why the high court affects all Australian lives its necessary for us to know the role of the high court of Australia in the Australian legal system. The high court of Australia was established in 1903, its located at Canberra within the parliamentary triangle. The high court is also known as at the guardian of the constitution and the rule of law. Within the hierarchy of courts, the high court is ranked as the highest within the Australian judicial system. Who is involved in the high court? There are 7 justices and 1 chief justice within the high court. 7 justices will be required for constitutional cases and 5 justices are required for cases in regards to different matters. The way in which the high court works is that the …show more content…
In this essay, the author
- Explains that there are 7 justices and 1 chief justice within the high court. 7 will be required for constitutional cases, and 5 for cases in regards to different matters.
- Explains that the aim of each justice is to resolve the legal issue within the case they are provided with.
- Explains that in order to get the high court to hear an appeal the parties must inform the court in the preliminary hearing about all the strong and valid reasons on why their appeal must be heard.
- Explains the role of the high court of australia in the australian legal system.
- Explains the role of the high court in enforcing the australian constitution, interpreting and applying all australian laws, including the aboriginal native title, australia refugee law, and the right to vote.
Although it is required to consider the common law rule, principles and to apply settled laws to new facts. The court is also restricted by different legal doctrines of precedent, separation of powers and the court is required to make Australia laws remain predictable and certain. The high court makes judgments on constitutional question and disputes, the high court also resolves conflicts between states and federal government. Its also the final court of appeal. The high court of Australia deals with cases that come through an appeal against the decision of the supreme court of the states and territories, federal court of Australia and family court of Australia. The decision for these appeals is dealt by a full court of no less than two justices. Although some of the matters require to be heard and determined by one justice. once the high court makes a decision on the appeal, that will be the final decision and no further appeals can be made The decision of the high court becomes binding on all courts throughout
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