Скачать или смотреть Judicature of Australia, Its Structure and Constitutional Powers

The Australian Judicature is the branch of government responsible for interpreting and applying laws, consisting of the High Court of Australia and other federal courts established by Parliament. Its primary powers include interpreting the Australian Constitution, making common law through case decisions, and ensuring the Executive and Legislature act within their constitutional authority. The judicature is designed to be independent, with judges holding office until age 70 and protected from political pressure by constitutional guarantees of tenure and remuneration.
Structure
High Court of Australia:
Established by the Constitution, it is the highest court and the final court of appeal in Australia. It consists of a Chief Justice and other Justices.
Other Federal Courts:
Parliament has the power to create other federal courts to exercise judicial power. Examples include the Federal Court of Australia and the Federal Circuit and Family Court of Australia.
Judicial Officers:
Federal judicial officers are called Justices and are appointed by the Governor-General on the advice of the Executive Council.
Powers
Interpreting the Constitution:
The High Court has the crucial role of interpreting the Australian Constitution and deciding the validity of laws made by Parliament or actions taken by the Executive.
Making Law:
Through their decisions in cases, courts make common law, which interprets and applies existing legal principles to new situations.
Reviewing Government Actions:
The High Court can rule laws or government actions unconstitutional, meaning they are beyond the power of the Parliament or Executive and therefore of no effect.
Final Court of Appeal:
The High Court serves as the final court of appeal for all matters before the Australian courts.
Independence
Separation of Powers:
The independence of the judicature from the legislative and executive branches is a key feature of the Australian system.
Tenure:
Judges are appointed for life (until the age of 70) and can only be removed for proven misbehaviour or incapacity, a process requiring a request from both houses of Parliament.
Remuneration:
The remuneration of federal judges cannot be reduced while they are in office, providing further protection against political pressure