11.5 The role of the High Court in interpreting the Australian Constitution Flashcards
What are the roles of the High Court?
- act as a guardian of the Aus Constitution
- acts as a check on any abuse of power
- it gives meaning to words
How does the High Court act as a guardian of the Australian Constitution?
The High Court explains what the Constitution means and decides how it should be interpreted.
High Court has an influence on the day-to-day application of the Constitution
How does the High Court as a check on abuse of power?
If a party believes that the Commonwealth, territory or state parliaments have made a law that is beyond its powers (ultra vires).
A party must have standing to take the case to High Court
What is standing?
the requirement that a litigant must be directly affected by the issues or matters involved in the case for the court to be able to hear and determine the case
What happens when the High Court declares ultra vires?
The High Court will either:
- to amend the legislation
- to amend the Constitution
How does the High Court give meaning to the words?
The High Court considers the facts of the case and decides whether a statute that was passed was unconstitutional which can shift the division of law-making powers
The High Court also has interpreted implied rights
What are implied rights?
Rights that are not expressly stated in the Australian Constitution but are considered to exist through interpretation by the High Court
What are the different implied rights?
Implied right to political communication
Implied right to tied grants
What section is the High Court established under?
Section 71
What does section 76 do?
Section 76 gives the Commonwealth Parliament the power to provide the High Court with jurisdiction to hear disputes under the Constitution or involving its interpretation
What is the implied right to political communication?
Sections 7 and 24 imply that Australians have a right to political communication as we have a representative government
