Dalgarno V Hannah - Consequences

Consequences

The important question of precisely when the High Court came into existence, and from where it derives its authority, has still not been resolved. When introducing the Judiciary Act into Parliament, Alfred Deakin spoke of the strong need for a court capable both of judicial review of government and of interpreting the Constitution. In modern times also, it is widely accepted that the High Court draws its authority from the Constitution (in the vein of the Supreme Court of the United States in Marbury v. Madison).

However, the High Court celebrated its centenary in 2003, one hundred years after the Judiciary Act established the first bench. The formal question of when the High Court came into existence remains unresolved although, in any case, it is largely an academic question. It is unlikely that the issue will ever again be considered by the High Court.

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