PPT-The Role of the High Court in interpreting the Constitution

The Constitution sets up the High Court giving it powers to decide disputes about the meaning of the constitution Role of the High Court in interpreting the Constitution S76 of the constitution states that the High Court is the only court with the power to interpret the wording of the constitution and it can only do this when a dispute or case regarding the constitution is brought before it In doing so through its interpretation of the constitution in the adjudication of such disputes it has shifted the balance of power more towards the commonwealth and away from the states . In other words court interpreters must have 1 a high level of mastery of two languages and 2 specific performance skills in the modes of interpreting Court interpreters must perform each type of in terpreting skillfully enough t o include everythin In other words court interpreters must have 1 a high level of mastery of two languages and 2 specific performance skills in the modes of interpreting Court interpreters must perform each type of in terpreting skillfully enough t o include everythin SAC responses. Describe how one principle established by the Commonwealth Constitution provides structural protection of rights (2 marks). Structural protection refers to the mechanisms and processes set out in the Constitution that indirectly protect human rights and provide a check and balance against any abuse of power. Structural protection involves representative government, responsible government and separation of powers. Separation of powers involves separating the judiciary, legislative and executive powers to avoid a misuse of power. Separating judicial and legislative powers ensure that those who create laws don’t enforce them, therefore power cannot be abused and human rights can be protected. . Characteristics of American judicial review. Dual judicial system. Independent judiciary. Judiciary has been separated from the executive . Power of judicial review. Organization of federal court in America. Louisiana Judicial College. Fall Conference. October 7, 2013. DEFINITIONS AND TERMINOLOGY. INTERPRETATION. : The unrehearsed transmission of the spoken word or message from one language to another. . High Court cases involving the interpretation of the Constitution . The Role of the High Court. Although the Constitution contains clear rules about law-making power, conflicts still arise between the Commonwealth and State parliaments. 1.) . Distinguish between express rights and implied rights (2 marks) . . Express rights are those rights entrenched within the constitution and explicitly stated, therefore are only able to be changed via successful referendum under section 128. one express right is the limited right to trial by jury. whereas implied rights are not explicit but rather inferred from a broad interpretation of the constitution by the High Court. It is thought they were intended by the authors of the constitution. We have one implied right, the right to freedom of political communication founded in the ACT case. . Unitary (. France, Sweden). Federal (U.S., Germany, Canada). Confederal. (Switzerland). Two Origin Stories. . Popular Constitution. . Constitution is expression of “We the People” ratified by popular convention in states. Union is indivisible so long as people are.. Creation of the U.S. Constitution. Continental . Congress: functioned . as the provisional government of the United . States. . (. September 5, 1774 to March 1, 1781 . ). Articles of Confederation and Perpetual . Federalist Paper #78: . The Supreme Court. is the “least dangerous. branch.” . Constitutionalism AKA. “The . Madisonnian. Dilemma”. ↙. ↘. . Self-Government VERSUS Minority Rights . John Juriansz. 1. Overview. Introduction and . background. Issues of Justiciability: the role of the High Court in determining matters of electoral regulation . The key judicial landmarks. What equality principles may be divined from the Constitution?. The Transformation of Australia’s Electoral Boundaries John Juriansz 1 Overview Introduction and background Issues of Justiciability: the role of the High Court in determining matters of electoral regulation in . Constitution-Making. : . . Lessons from America. Jack . Citrin. Professor of Political Science. . University of California, Berkeley. People Power in Constitution-making. Constitutions are “fundamental documents,” laying out enduring rules of the game for political conflict and cooperation. Our . Constitution has granted the ‘Right to Equality’ to all citizens, including women.. In . many ways, women are denied this right and they are discriminated against.. For example, there are .