Essay On High Court In Australia

The High Court is the highest court that is part of the Australian court hierarchy. The court was established in 1901 under section 71 of the Australian constitution. It now can be found under Constitution sections 71 to 75, the Judiciary Act 1903, and the High Court of Australia Act 1979. Through this, interpretation and the application of the law is followed to ensure just outcomes for appeals and manners relating to the constitution. It has the final verdict on matters such as the interpretation and the application of law including common law, state law and federal law.

This History of the High Court of Australia
The High Court was established in 1901 but first took place October 1903 in Melbourne. The high court began with a bench of three justices presiding over the matters heard up until 1906, when it was increased to five. However, in 1946 the number increased to seven justices. Currently the high court has seven judges; a single chief justice (Robert French) and six justices. During the 1900s, appeals …show more content…
It has three main functions; it is seen as the ‘guardian’ of the constitution. Through this central idea, the high court provides accurate meaning to the words hence protecting the constitution and the rule of law. This is also demonstrated in keeping the constitution up to date, responding to the changes of societal attitudes, community standards and technology. The High Court also governs the states and commonwealth parliaments to ensure the laws that they make are inside their jurisdiction and not abusing their powers. This notion was demonstrated with the high court throwing out the Australian Capital Territories same-sex marriage laws on the basis that laws governing marriage were under the federal power (Marriage Act 1961), not at state level. The high court also interprets legislation and provides rules and judgements on criminal cases it hears on