Australian Legal system

The juicy Court of Australia was established through the Constitution in Chapter 3, s71 80 to act as the overseer of the entire fundamental system. The founders saw it fit to establish such a military commission to protect and interpret the constitution and deal with any conflicts that arose regarding the ambits of the constitution. That the functions of the broad(prenominal) Court are even discussed in such an all-important(prenominal) document such as the Constitution emphasises its overall importance. The High Court remains the sole authority regarding any variant of the Constitution with its spot strictly emphasised:

…the separation amongst the Judicature on the one hand and the Parliament and the decision maker on the other is strict. Only a court whitethorn exercise the judicial power of the Commonwealth, so that, for example, the question whether a person has contravened a law of the Commonwealth Parliament (for example, by bringing a prohibited import into the country) can provided be conclusively determined by a court. (Australian Constitution, 2006, p.3.).





The Australian Constitution also governs the division of powers between the States and the Commonwealth and guarantees the rescue of each States Constitution however, under the provisions of sections 106 and 107 of the constitution; the constitutions of the arouses mustiness be read subject to the Australian Constitution. (Australian Constitution, 2006, p.6.).

While regulation allows the states freedom to pass laws on a wide place of subjects as compared to the Commonwealth Parliament, the Australian Constitution provides the Commonwealth with the power to invalidate certain state laws if they are seen to contravene a valid Commonwealth Law. This is governed under section 109 of the Australians Constitution, which allows a Commonwealth Law to override a state law if it is inconsistent with that of a valid Commonwealth Law.

disdain what appears to be a clear distinction between the powers of the states and those of the...If you requisite to get a full essay, order it on our website: Ordercustompaper.com



If you want to get a full essay, wisit our page: write my paper