High Court of Australia - Role of The Court

Role of The Court

The High Court exercises both original jurisdiction (cases that originate in the High Court) and appellate jurisdiction (appeals made to the High Court from other courts). The High Court is the court of final appeal for the whole of Australia, with the ability to interpret the common law for the whole of Australia, not just the state or territory in which the matter arose. (This is unlike other high courts, such as the Supreme Court of the United States (though US federal courts do have the ability to shape US federal common law).) As such, the court is able to develop the common law consistently across all of the states and territories. This role, alongside its role in constitutional interpretation, is one of the court's most significant. As Sir Owen Dixon said on his swearing in as Chief Justice of Australia:

"The High Court's jurisdiction is divided in its exercise between constitutional and federal cases which loom so largely in the public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do with the Constitution, and which is the principal preoccupation of the court."

This broad array of jurisdiction has enabled the High Court to take a leading role in Australian law, and has contributed to a consistency and uniformity among the laws of the different states.

Read more about this topic:  High Court Of Australia

Famous quotes containing the words role of the, role of, role and/or court:

    But however the forms of family life have changed and the number expanded, the role of the family has remained constant and it continues to be the major institution through which children pass en route to adulthood.
    Bernice Weissbourd (20th century)

    Women’s battle for financial equality has barely been joined, much less won. Society still traditionally assigns to woman the role of money-handler rather than money-maker, and our assigned specialty is far more likely to be home economics than financial economics.
    Paula Nelson (b. 1945)

    This [new] period of parenting is an intense one. Never will we know such responsibility, such productive and hard work, such potential for isolation in the caretaking role and such intimacy and close involvement in the growth and development of another human being.
    —Joan Sheingold Ditzion and Dennie Palmer (20th century)

    Of all things in life, Mrs. Lee held this kind of court-service in contempt, for she was something more than republican—a little communistic at heart, and her only serious complaint of the President and his wife was that they undertook to have a court and to ape monarchy. She had no notion of admitting social superiority in any one, President or Prince, and to be suddenly converted into a lady-in-waiting to a small German Grand-Duchess, was a terrible blow.
    Henry Brooks Adams (1838–1918)