INTRODUCTION
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 …show more content…
The courts are dependent upon a decision, which is orchestrated within the ground of a higher court, thus being binding on the lower courts. The Australian High Courts responsibility in analyzing the interpretation of the Constitution is crucial. It must adhere to being independent from both state and the Commonwealth, in order for it to protect the distribution of powers. The Supreme Court is the highest jurisdiction in each state or territory. They are also able too hear appeals from lower vicinities. Appeals of this nature can possibility question the facts; as a result the appellant alleges that the magistrate or judge has generated a decision, which can be produced from incorrect information. However questions of law can arise which, the appellant contends that the magistrate or judge has implied law in an incorrect manner. The three-tier model provides efficiency too deliver the correct expertise too each legal matter discussed within the courts. Compromised of its own handling of various matters illustrates how the legal hierarchy is an important measure of the Australian legal …show more content…
As the High Court posses extensive amount of power, if it decides that a recently enacted statute is unconstitutional it would be thereby disregard. This was evident when the High Court ruled out the ACTS same sex marriage laws, conflicted with the Federal Marriage Act and consequently was unconstitutional. The high court holds more authority than the State Supreme Court, if the high court was faced with new legislature that was illustrated as unconstitutional then the Australian Government would be faced with a drawback, as the statute would be
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 …show more content…
The courts are dependent upon a decision, which is orchestrated within the ground of a higher court, thus being binding on the lower courts. The Australian High Courts responsibility in analyzing the interpretation of the Constitution is crucial. It must adhere to being independent from both state and the Commonwealth, in order for it to protect the distribution of powers. The Supreme Court is the highest jurisdiction in each state or territory. They are also able too hear appeals from lower vicinities. Appeals of this nature can possibility question the facts; as a result the appellant alleges that the magistrate or judge has generated a decision, which can be produced from incorrect information. However questions of law can arise which, the appellant contends that the magistrate or judge has implied law in an incorrect manner. The three-tier model provides efficiency too deliver the correct expertise too each legal matter discussed within the courts. Compromised of its own handling of various matters illustrates how the legal hierarchy is an important measure of the Australian legal …show more content…
As the High Court posses extensive amount of power, if it decides that a recently enacted statute is unconstitutional it would be thereby disregard. This was evident when the High Court ruled out the ACTS same sex marriage laws, conflicted with the Federal Marriage Act and consequently was unconstitutional. The high court holds more authority than the State Supreme Court, if the high court was faced with new legislature that was illustrated as unconstitutional then the Australian Government would be faced with a drawback, as the statute would be