Essay on Australian Court Hierarchy And The Supreme Court

820 Words May 8th, 2015 4 Pages
This essay examines the Australian court hierarchy, and the extension power the High Court attains as it has the ability too overturn decisions made by the Supreme Court. As it is the final court of appeal therefore reintegrates the point that the power of appointment is held within the body of the High Court. As the Australian Federal system consists of national court and a court system for each individual state and the two territories. It will highlight the power comparison between the two government bodies. The High Court’s decision is the final say; therefore the examination of what would occur if the High Court found reasoning for a statute to be unconstitutional. Finally the misinterpretation of the unconstitutional statute made by the Supreme Court and as a result of the effects that this would cause.

Australia’s constitutional system has inherited a hybrid nature, capturing the essence of both the British colonial system and the USA’s legal system. This can be illustrated with Australia’s federal processes of states, which mimics the United States. Australia has a three-tier court hierarchy supreme court, county court and a magistrate’s court. The importance of this court hierarchy ensures that the each court deals with different aspects of the law, it warrants the importance of justice. In conjunction to the federal government, each state of the six states and two territories have their own governing system therefore it seem necessary to…

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