The High Court of Australie : A Federal Supreme Court in a Common Law Federation

• Main Author: Nicholas Aroney
• Format: Article
• Language: English
• Published: University of Liège Library 2017-01-01
• Series: Fédéralisme-Régionalisme

The High Court of Australia performs several judicial functions that are fundamental to the federal system1. It determines appeals from all state supreme courts and inferior federal courts and it has original jurisdiction in several kinds of matters, including those involving the interpretation and application of the constitution. This means that the Court is the final arbiter of disputes concerning constitutionality of laws enacted by the federation, as well as those of the states. The High Court consists of seven judges, appointed by the federal government, who hold tenured office until the age of 70. As such, the judges exercise very substantial powers in a manner that is institutionally independent of the political branches of government. In this context, the most significant causes of constitutional change in Australia have been the tendency of federated governments to press the scope of their powers up to and arguably beyond their constitutional limits and High Court decisions which have mostly affirmed those exercises of power. However, while the Court has done much to strengthen the federation, the states are still fundamental to the system of government. The states continue to play an important role in federal politics and remain vigorous centres of regional and local political engagement. Moreover, recent developments suggest that the High Court may be taking a renewed interest in preserving the role of the states within the Australian constitutional system.