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4 Cards in this Set
- Front
- Back
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To act as the Guardian of the Constitution
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It does this by influencing the day-to-day application of the Constitution and ensuring that it remains relevant to the Australian people. The High Court interprets the words of the Constitution and gives meaning to them.
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To keep the Constitution up to date
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The need for the High Court to interpret words withinthe Constitution arises from changes that occur in society, such as changes in attitude, changes in technology and changes in community standards. When the Constitution was first written there was no mention of law-making powers in relation to radios and televisions. This is because radios and televisions were not in general use at that time. The words in the Constitution therefore had to be interpreted to include this new technology. The words ‘postal, telegraphic, telephonic and other like services’ in S51(v) were interpreted by the High Court to include radios and televisions. Likewise, in S51(vi) the words naval and military were interpreted to include the air force.
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To act as a check and balance on any injustices that may arise or any abuse of power from the state or Commonwealth parliaments
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Individuals, groups, state bodies and Commonwealth bodies can bring a matter to the High Court for a ruling to be made on whether a new law is constitutional. This can only be done by a party with standing; that is, by a person or group that is directly affected by the law being challenged. It is, however, expensive to bring a case before the High Court.
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To give meaning to the words in the Constitution and apply the Constitution to everyday situations
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When a case is brought to the High Court, the court needs to give meaning to the words in the Constitution and apply the words to the case. The High Court must listen to the facts of the case and decide whether an Act that has been passed is unconstitutional. That is, the High Court will either confirm the right of the law-maker to make the law or deny that right. If the High Court confirms the right of the Commonwealth Parliament to make a law, and it conflicts with a state law on the same issue, then according to S109 of the Constitution, the Commonwealth law prevails over the state law, making the state law invalid insofar as it conflicts with the Commonwealth law.
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