Scribd
Upload
49 views

Political and Legal Power: Chapter Six: Judicial Power

The courts are separate from the other two branches of government and their judgments are independent. Superior courts have original jurisdiction over serious criminal cases and high-value civil disputes, and appellate authority over lower courts. Australia's supreme court, the High Court, ensures a unified legal system by having the power to adjudicate constitutional disputes and hear cases from state and lower federal courts. Over time, the High Court has taken different approaches in constitutional cases that can be characterized as judicial legalism or judicial activism.

Uploaded by

jaz2423
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
49 views

Political and Legal Power: Chapter Six: Judicial Power

The courts are separate from the other two branches of government and their judgments are independent. Superior courts have original jurisdiction over serious criminal cases and high-value civil disputes, and appellate authority over lower courts. Australia's supreme court, the High Court, ensures a unified legal system by having the power to adjudicate constitutional disputes and hear cases from state and lower federal courts. Over time, the High Court has taken different approaches in constitutional cases that can be characterized as judicial legalism or judicial activism.

Uploaded by

jaz2423
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Political and Legal Power

Chapter Six: Judicial Power

The courts are separate from, and different to the other two arms of government. Court judgments are independent of political and executive power

Court judgments in the cases that come before them apply and interpret statues and also set precedents that can be modify common law Superior courts have original jurisdiction for very serious criminal cases and civil disputes concerning matters of significant monetary value. They have appellate authority over all other legal matters originating n lower courts. Australias supreme court is the High Court. It adjudicates constitutional disputes and can hear any cases that originate in state courts or in lesser federal courts. The power of the High Court to hear any Australian legal dispute ensures that Australia has an independent and unified legal system Overtime the High Court has taken different approaches to judgments in constitutional cases The two broad views of appropriate role of the judiciary in the law making are represented by judicial legalism and judicial activism

High Court judgments over time have added to the powers of the Commonwealth, particularly through broad interpretations of concurrent powers. However many High Court decisions have also supported state powers or acted as a brake on the Commonwealth Another area where the High Court decisions have been significant is the implied rights Constitutional decisions

The High Courts more legalist approach since 1998 has not prevented its decisions from having a significant impact on Australian law
The significance of activist judgments is illustrated by the Mabo decision The law on native title of the 1990s shows how the law-making roles of the courts and parliament can interact

You might also like