Appointment Process and Composition

Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet.

The court consists of seven justices, including a chief justice, who are appointed permanently until their mandatory retirement at age 70, unless they retire earlier.

The High Court has resided in Canberra since 1980, following the construction of a purpose-built High Court building.

The court typically operates by receiving applications for appeal from parties in a process called special leave.

Independence and Separation of Powers
The power to make laws in Australia is divided between the executive, parliament, and judiciary, as per the separation of powers doctrine.

Australia’s Constitution ensures the independence of the judiciary from the other arms of government.

Judicial officers act independently and without interference from parliament or the executive.

The constitutional guarantees of tenure and remuneration assist in securing judicial independence.

Australia’s Federal Courts

Chapter III of the Constitution establishes the High Court of Australia and empowers parliament to create other federal courts. Federal judicial power is vested in state and territory courts.

There are 3 principal federal courts in Australia.

The Constitution grants parliament the power to create federal courts.

Supreme Courts of the States and Territories

The Supreme Court is the State’s highest court, responsible for both criminal and civil matters, and is the State’s main appeal court.

The Court is divided into two divisions: the General Division and the Court of Appeal.

The Court is located at the David Malcolm Justice Centre, 28 Barrack Street, Perth, and Stirling Gardens, corner Barrack Street and St Georges Terrace, Perth.

The Court is responsible for matters that are appealed from lower courts, ensuring justice is served.

Key Functions of the High Court

The High Court has original jurisdiction in matters involving the Commonwealth, such as disputes between the Commonwealth and the states.

It also has appellate jurisdiction, hearing appeals from the Federal Court of Australia and the Family Court of Australia.

The court has the power to hear special leave applications, which allow it to review decisions made by lower courts.

The High Court’s jurisdiction is governed by the Judiciary Act 1903 and the High Court of Australia Act 1979.

Decision-Making Process

The High Court follows a formal procedure for hearing cases, which includes written submissions, oral arguments, and judgments.

The court’s justices are responsible for conducting hearings and writing judgments, which are then published on the court’s website.

The court’s decisions are based on the principles of law and the evidence presented in the case.

The High Court’s judgments are binding on all lower courts and are considered authoritative in Australian law.

Impact on Public Policy

The High Court’s decisions have a significant impact on public policy in Australia.

The court’s interpretations of the Constitution and federal laws shape the country’s legal framework.

The court’s decisions can also influence the development of new laws and policies.

The High Court’s role in shaping public policy is critical to ensuring that the government and other institutions act in accordance with the law.

Conclusion

The High Court of Australia plays a critical role in the country’s justice system. The court’s independence and separation of powers ensure that it can make decisions without interference from the government or other institutions.

The High Court’s jurisdiction and decision-making process are designed to ensure that justice is served and that the law is upheld.

The court’s impact on public policy is significant, and its decisions shape the country’s legal framework.