Courts
What is the highest court in Australia and list it two main roles?
The highest court in Australia is the High Court of Australia. Two Main Roles of the High Court:
Decides on Cases of Special Federal Significance: The High Court has the authority to resolve disputes that involve significant matters of federal law and constitutional issues, such as challenges to the validity of laws.
Hears Appeals from Lower Courts: The High Court serves as the final court of appeal for decisions made by federal, state, and territory courts. It ensures consistent application and interpretation of Australian laws across different jurisdictions.
What is responsible government?
This type of government is accountable to Parliament and must maintain its confidence to remain in power.
What is the Mabo v Queensland (No. 2) case?
This 1992 High Court decision overturned the legal doctrine of "terra nullius," recognising native title for Aboriginal and Torres Strait Islander peoples.
"What are the Commonwealth and State/Territory governments?"
In Australia’s system of government, the law-making powers are divided between these two levels of government
What is the legislature?"
This branch of government has the power to make and amend laws in Australia.
What is a specialist court?
A specialist court is a type of court that deals exclusively with specific areas of law or particular types of disputes. Unlike general courts, which handle a wide range of legal issues, specialist courts are designed to focus on particular areas of expertise to ensure that legal matters requiring specialised knowledge are addressed effectively.
Examples of Specialist Courts in Australia: Children's Court: Deals with cases involving children and young people, particularly related to child safety and juvenile offences.
What is a majority government?"
In Australian democracy, this term refers to the political party or coalition that has won the most votes in an election and holds the majority of seats in the House of Representatives.
"What is the Wik case (Wik Peoples v Queensland)?"
This 1996 High Court decision determined that native title rights could coexist with pastoral leases, as long as there was no conflict in land use.
What is federalism?"
This term refers to a system where power is constitutionally divided between a central government and multiple state or regional governments.
"What is the executive?"
This branch of government administers and enforces the law and includes the Governor-General, the Prime Minister, ministers and their departments.
What is a Binding Precedent (Stare Decisis)?
Decisions made by higher courts are binding on lower courts in the same jurisdiction. Lower courts must follow these decisions when ruling on similar cases.
"What is a double majority?"
This is required in a national referendum as outlined in the Australian Constitution: a majority of votes in a majority of the States as well as a majority of votes nationally.
What is the Mabo case?"
This case set a precedent for the Australian legal system, establishing that the common law recognises the land rights of Australia’s Indigenous peoples for the first time.
What is the Commonwealth Government?"
In matters such as defence, foreign affairs, and trade, this level of government holds exclusive law-making powers.
"What is the separation of powers?"
This is the name for the system that divides the powers of government into three separate branches to prevent excessive power in the hands of one group.
What is a Persuasive Precedent?
Decisions made in lower courts or in other jurisdictions may be considered by a judge as persuasive but are not obligatory to follow. For example, decisions from courts in other common law countries like the UK or Canada can be referenced in Australian cases.
"What is the Governor-General?"
This role is often referred to as the Queen’s Representative in Australia and holds key powers such as giving assent to legislation and appointing a new Prime Minister.
"What is the Wik decision?"
The legal principles established in this case made it clear that the existence of a pastoral lease does not automatically extinguish the native title of Indigenous Australians.
"What are concurrent powers?"
These law-making powers can be exercised by both the Commonwealth and State governments, but if there is conflict, Commonwealth law prevails.
"What is the judiciary?"
Independent and impartial, this branch of government interprets the law and resolves disputes to uphold the Constitution.
What is a court hierarchy?
Australia’s court hierarchy refers to the structured ranking of courts that handle legal matters at different levels of jurisdiction. This structure helps ensure that disputes can progress through a consistent appeals process, starting from lower courts up to the higher courts that have more significant legal authority.
"What is a minority government?"
- A government formed where no single political party achieves an outright majority in the House of Representatives, which may require coalitions or agreements with independents to maintain power.
"What is the Wik decision?"
This case prompted the 1998 Native Title Amendment Act, which aimed to clarify the coexistence between native title and land used for commercial purposes.
"What are residual powers?"
These powers, not specified in the Australian Constitution, remain the responsibility of State and Territory governments—for instance, health and education.
"What is the partial separation of powers?"
Though incomplete in Australia's system, this is the term for the principle of separating executive government from Parliament to avoid power concentration.