Related Essays

  • Essay On High Court In Australia

    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 wor...

  • High Court Hierarchy: The Australian Court System

    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 woul...

  • Supreme Court Nomination Process Essay

    First, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Sec...

  • Judicial Review In The UK And US Judiciary

    In American politics is conducted within the framework of a written constitution which establishes the powers of the different branches of government, as wel...

  • Mandatory Sentencing Analysis

    If the executive decides to emit power on the legislatures grounds or the legislature bypasses the main influences of judiciary the doctrine of separation of...

  • Judges Make Law But Merely Interpret The Law Analysis

    Judicial power is the power to interpret the law. It is exercised by the judiciary, that is, the system of courts. In some countries the power of the judicia...

  • Analysis Of R V Askov

    On the other hand people who support the judicial review suggest that judges are interpreting charter by keeping our democratic ethics and wisdoms alive. Cou...

  • C Parliamentary Sovereignty V Bikie Analysis

    Therefore, although the case of R v Brown highlighted that the mere statement of Premier Newman was insufficient to cause the public to undermine the judic...

  • The Supreme Court: The Plessy V. Ferguson Case

    One of the major parts of our government is the Supreme Court. In order to understand what and how a Supreme Court functions, it is essential to comprehend w...

  • Supreme Court Importance

    The Supreme Court is the central government power; the foundation of the land where it receives its power from the U.S. Constitution. The Constitution, in re...

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/8

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

8 Cards in this Set

  • Front
  • Back
Strength: Judges
High Court judges are experts on constitutional law and its application, so are best placed to interpret its meaning
Strength: Success
High Court interpretation of the Constitution has had the most success in changing the law-making powers and updating them for modern use.
Strength: Guardian of the Constitution
The High Court is the guardian of the Constitution and can act to ensure that parliaments do not abuse their law-making powers (provided that someone has brought forward a case.)
Strength: Check and balance
The High Court can act as a check against any abuse of power by the states or the Commonwealth Parliament.
Weakness: Favoritism
High Court judges since the 1920s have generally favoured Commonwealth Parliament over state parliaments in their decisions, thereby increasing the powers of the former at the expense of the latter.
Weakness: Lack of consistency
The composition of the High Court can affect the interpretation given. For example, conservative judges may be reluctant to change law-making powers, but progressive judges are more inclined to do so.
Weakness: Can only hear cases brought forward to it
A change relies on someone being willing and able to challenge a case in the High Court, which is an expensive and time-consuming prospect. The party bringing the case must also have standing
Weakness: Section 128
The High Court cannot change the words in the Constitution.