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Australia Constitution
Australia Constitution
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| 1 | The decision of the high Court in Australian Capital Television Pty Ltd v Commonwealth (ACTV) stands alongside more famous cases such as Mabo v Queensland (No 2)9 (dealing with the native title rights of Australia’s Indigenous peoples) as the high water mark of the activism of the high Court under Chief Justice Mason. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | Yet the electoral jurisdiction of the high Court was not finally confirmed until 1999. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | But judges in Australia’s highest courts, most notably Justice Michael Kirby of the high Court, have increasingly recognized that the development of the Australian common law, including statutory and constitutional interpretation, ought be in accordance with fundamental norms reflected in international human rights principles. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | Section 73 [Jurisdiction of the high Court] (1) The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences (i) Of any Justice or Justices exercising the original jurisdiction of the high Court: (ii) Of any other federal court, or court exercising federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council: (iii) Of the Inter State Commission, but as to questions of law only: and the judgment of the high Court in all such cases shall be final and conclusive. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 5 | (2) The appointment of a Justice of the high Court shall be for a term expiring upon his attaining the age of seventy years and a person shall not be appointed as a Justice of the high Court if he has attained that age. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 6 | (8) A reverence in this section to the appointment of a Justice of the high Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the high court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 7 | Section 74 [Supreme Jurisdiction of the high Court] (1) No appeal shall be permitted to the Queen in Council from a decision of the high Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 8 | Section 72 [Appointment, Removal, and Term of Justices] (1) The Justices of the high Court and of the other courts created by the Parliament (i) Shall be appointed by the Governor General in Council: (ii) Shall not be removed except by the Governor General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehavior or incapacity: (iii) Shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during their continuance in office. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 9 | (6) A Justice of the high Court or of a court created by the Parliament may resign his office by writing under his hand delivered to the Governor General. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 10 | Section 75 [Original Jurisdiction of the high Court] In all matters (i) Arising under any treaty: (ii) Affecting consuls or other representatives of other countries: (iii) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party: (iv) Between States, or between residents of different States, or between a State and a resident of another State: (v) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: the High Court shall have original jurisdiction. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
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