What is Section 76 of the Australian Constitution?
What is Section 76 of the Australian Constitution?
Thus, the Parliament may confer jurisdiction on any federal court with respect to any of the matters which the Constitution itself confers jurisdiction on the High Court (s 75), or which the Constitution authorises Parliament to confer jurisdiction on the High Court (s 76).
What is the Kable principle?
The “Kable doctrine” or “Kable principles” have shown that not only convention, but also the Constitution itself, demands that the institutional integrity of State courts as “courts”, and, in particular, as the potential repositories of federal judicial power, be respected, acknowledged and preserved.
What is a Chapter 3 court Australia?
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution.
What is Section 72 of the Australian Constitution?
72. Judges’ appointment, tenure and remuneration. The Justices of the High Court and of the other courts created by the Parliament: shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office.
Why is the Kable doctrine important?
It is a significant case in Australian Constitutional law. The case is notable for having established the ‘Kable Doctrine’, a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role.
What does section 71 of the Australian Constitution mean?
71. Judicial power and Courts. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction.
Do all Australians have equal rights?
Universal voting rights and rights to freedom of association, freedom of religion and freedom from discrimination are protected in Australia. The Australian colonies were among the first political entities in the world to grant universal manhood suffrage (1850s) and female suffrage (1890s).
What are my rights under the Constitution?
The Bill of Rights First Amendment: Freedom of religion, freedom of speech and the press, the right to assemble, the right to petition government. Second Amendment: The right to form a militia and to keep and bear arms. Third Amendment: The right not to have soldiers in one’s home.
Where do judges get their power?
The State Court System Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts.
When can a federal judge retire?
age 65
Beginning at age 65, a judge may retire at his or her current salary or take senior status after performing 15 years of active service as an Article III judge (65+15 = 80).
Is the Constitution the fundamental law of Australia?
Indeed, the Constitution is the fundamental law of Australia binding everybody including the Commonwealth Parliament and the Parliament of each State. Accordingly, even an Act passed by a Parliament is invalid if it is contrary to the Constitution.
What are the 4 chapters of the Australian Constitution?
Home About Parliament Senate Practice and Procedure The Australian Constitution Chapter III. The Judicature. Chapter I. The Parliament. Chapter II. The Executive Government. Chapter III. The Judicature. Chapter IV. Finance And Trade. Chapter V. The States. Chapter VI. New States.
When did the Australian Constitution take effect?
The Australian Constitution was then passed as part of a British Act of Parliament in 1900, and took effect on 1 January 1901. A British Act was necessary because before 1901 Australia was a collection of six self-governing British colonies and ultimate power over those colonies rested with the British Parliament.
What is meant by the sovereignty of the Australian people?
What has been judicially described as ‘the sovereignty of the Australian people’ is also recognised by section 128 which provides that any change to the Constitution must be approved by the people of Australia. The Constitution itself is contained in clause 9 of the British Act.
