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The High Court of Australia
In 1901 the Australian Constitution was drawn up when Australia became a nation . The Constitution sets out:
•the powers of the federal government and of the states and territories;
•the way those governments are set up; and
•the way in which the country is governed.
Read the kidcyber pages about the constitution at (www.kidcyber.com.au/topics/federation.htm)
The Constitution spreads the power between three sections of government:
•the Legislature, which makes the laws;
•the Executive,which puts those laws into use with the help of government departments;
•the Judiciary, which is made up of courts that interpret the laws and judge whether or not they have been broken. Courts settle arguments and decide on appropriate consequences if the laws have been broken. There are State and Federal courts. The Federal courts are the Industrial Court, the Family Court, the Federal Court and the High Court.
Changing the Constitution
Changes to the Constitution can only be made if all the citizens in Australia vote for the change. This vote is called a referendum.
If a majority of people in a majority of states vote yes in the referendum, the changes become law.
The High Court: the highest court in Australia
Although the High Court was established by the Constitution in 1901, it wasn't until 1903 that the High Court had its first sitting.
The High Court is different from the criminal and other courts. Its role is to examine and interpret our laws and our Constitution, and the cases it hears cover a whole range of areas of the law.
Most of the High Court's work is to hear appeals from lower courts when people are not satisfied with decisions made in the lower courts. The High Court is where a final decision is made.
People don't automatically get to appeal to the High Court. A person has to prove to a preliminary hearing that there are special reasons for the appeal to be heard. Up to seven High Court Judges (called Justices) will hear a case and make a judgement. They rarely make a judgement at the end of a sitting, but a decision is presented some time later. Each Justice makes his or her own decision and prepares written reasons for their decision which are printed and given to all parties in the case. When the decisions are not the same, the decision of the majority is the final one.
All other courts in Australia are bound by decisions made by the High Court, and there is no further appeal.
| Watch the movie 'The Castle' and you can get some idea of the operation and purpose of the High Court: the case was taken to the High Court because the family argued that it was against the Constitution for their home to be taken by the Government. It is the role of the High Court to make an interpretation of the Constitution, and make a ruling after listening to all the arguments and relating them to the wording of the Constitution. |
Go here to see a couple of pictures of the High Court in session. http://www.hcourt.gov.au/about_03.html
Read more about the High Court at its own website http://www.hcourt.gov.au/about.html
Acknowledge this source in your bibliography like this:
High Court of Australia (2007). [Online], Available: www.kidcyber.com.au
updated May 2007