Roles of the high court Flashcards

(5 cards)

1
Q

What are the 5 roles of the high court

A

Interpreting the Constitution
Keep the Constitution relevant
Act as an umpire
Protect rights of Australians
Resolve Disputes

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2
Q

what is Interpreting the Constitution and an example when the high court has done this

A

Deciding what is meant in certain sections of the constitution when applied to real life cases

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3
Q

explain keeping the constitution relevant and an example

A

the constitution can in some cases be out of date so the high court must determine whether the constitution applies to some issues for example High Court were required
to interpret whether the Commonwealth Parliament’s specific power to make laws with regard to ‘postal, telegraphic, telephonic, and other like services’ included the power to make laws on radio and television broadcasting

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4
Q

explain Acts as an umpire and an example

A

the high court will act as an impartial judge when determining whether the commonwealth has overstepped e.g. the tasmanian dam case

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5
Q

explain Protect rights of Australians and an example

A

the High Court is able to interpret the Constitution and imply that various rights of the Australian people exist – even though they are not expressly stated. For example even though the constitution does not state we can freely debate political issues over the years the high court has decided that it is implied

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