Lesson 17: The role of the High Court

Question 1

Outline the three roles of the High Court

Answer 1

• Protecting and holding all rights of Australian Citizens
• Acting as the Highest court of Appeal
• Acting as check in Commonwealth within the law-making powers

Question 2

Define express rights

Answer 2

Express rights are the rights that are within the constitution that cannot be altered (unless a successful referendum is held)

Question 3

Outline five express rights entrenched in the Constitution

Answer 3

• Trial by Jury for indirect offences
• Aquisition of property on just terms
• Freedom of religion
• Trade between states shall be free
• The right to not be discriminated against based upon states of residence

Question 4

Outline how the High Court acts as a ‘check’ on parliament

Answer 4

The High Court is able to judge if a law is inconsistent and therefore with the Australian Constitution and cancel it

Question 5

Roach v Electoral Commission:
Facts, Legal Issue, Significance