"Who will guard the guardians?"

Assessing the High Court’s role of constitutional review

T. Souris

Research output: Contribution to journalArticle

Abstract

The High Court of Australia has the power to invalidate Commonwealth legislation if the Parliament is found to have exceeded its legislative powers. However, what mechanisms are available to prevent the High Court from exceeding its own power? This paper examines the impact of the High Court’s role of constitutional review, particularly the negative impact on developments in finance and trade. Three mechanisms that could act as a check on the power of the High Court are examined (amending the Judiciary Act, removing a judge and altering the Constitution), but ultimately, each is found to be of limited effectiveness.
Original languageEnglish
Pages (from-to)64-80
Number of pages17
JournalMacquarie Matrix: undergraduate research journal
Volume2
Issue number1
Publication statusPublished - 2012
Externally publishedYes

Keywords

  • High Court
  • constitutional review
  • judicial power
  • validity of Commonwealth legislation
  • finance and trade
  • Inter-State Commission
  • removal of judges

Fingerprint Dive into the research topics of '"Who will guard the guardians?": Assessing the High Court’s role of constitutional review'. Together they form a unique fingerprint.

Cite this