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Analyse how the High Court acts as the guardian of the Australian Constitution. - VCE - SSCE Legal Studies - Question 3 - 2022 - Paper 1
Question 3
Analyse how the High Court acts as the guardian of the Australian Constitution.
Worked Solution & Example Answer:Analyse how the High Court acts as the guardian of the Australian Constitution. - VCE - SSCE Legal Studies - Question 3 - 2022 - Paper 1
Step 1
The role of the High Court as a constitutional guardian
Answer
The High Court of Australia serves as a guardian of the Australian Constitution primarily through its judicial review function. This means that it interprets the Constitution and ensures that laws passed by the Parliament comply with its principles. In this capacity, the Court acts as the ultimate interpreter of the Constitution, which includes determining the legality of legislative activities, thus protecting the core values embedded in the Constitution.
Step 2
Case Law Examples
Answer
Several landmark cases illustrate how the High Court has upheld the Constitution. For instance, in the case of Roach v Electoral Commissioner, the High Court ruled that certain voting restrictions were unconstitutional, thus reinforcing electoral rights. Similarly, in the Franklin Dam case, the High Court found that the Commonwealth had acted beyond its powers in attempting to prevent a state project, affirming the limits of federal intervention. These cases not only showcase the Court's role in safeguarding constitutional principles but also illustrate how it can act against parliamentary decisions that infringe upon constitutional rights.
Step 3
Interpretative Authority
Answer
The High Court also counters legislative actions through its interpretative authority. When conflicts arise about the meaning of the Constitution, the High Court is called upon to resolve these disputes. This not just clarifies the meaning of terms within the Constitution but also provides a check on legislative power, illustrating the dynamic relationship between the judiciary and the legislature.
Step 4
Influence on Legislative Actions
Answer
Moreover, the guardian role of the High Court can influence the legislative process itself. For instance, when the Court invalidates a law, the Parliament may feel compelled to enact new legislation that aligns with the High Court's interpretation of the Constitution, thereby ensuring that future laws adhere to constitutional principles. This process emphasizes the High Court's impactful role in shaping the legal landscape of Australia.