Australian Constitution Centre
  • About Us
  • The Australian Constitution
    • What is the Australian Constitution
    • The Writers of the Australian Constitution
    • The Australian Constitution
  • Origins of the Constitution
    • Where did the Australian System of Government come from?
    • Timeline
  • The Six Principles
    • Democracy
    • The Rule of Law
    • Separation of Powers
    • Federalism
    • Nationhood
    • Rights
  • The High Court
    • The First High Court
    • The Role of the High Court
    • Democracy – The Right to vote survives incarceration
    • The Rule of Law - Miners pay rise is unauthorised
    • The Rule of Law – The government overreached when it banned the Communist Party
    • The Rule of Law - Even a murderer deserves a fair trial
    • The Rule of Law - The High Court limits Federal Government spending powers
    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
    • Nationhood - The Constitution saves the Franklin River
    • Rights - NSW Government compulsorily acquires wheat during World War I
    • Rights - High Court overturns 200 years of common law
  • Resources
    • Australian Constitution Centre Resources
    • FAQs
    • Glossary
    • Take the Knowledge Quiz
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    • Lesson Plans >
      • Lesson Resources ACHASSK134
    • Links to other relevant organisations
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The High Court of Australia, Canberra. Source: Adam McGrath, High Court of Australia

THE ROLE OF THE HIGH COURT

The High Court has been engaged in identifying and declaring the limits of legislative and executive power since its inception. This is generally accepted to be part of its constitutional role.
Chief Justice Susan Kiefel

The High Court of Australia is the highest court in the Australian judicial system. It interprets and applies the law of Australia, decides on the constitutionality of laws and hears appeals.

Laws made by the nine Parliaments (State, Territory and Federal) in Australia must be made with proper constitutional authority. It is the High Court that ultimately decides whether legislation meets this requirement. As well as examining the words in the Constitution, the Justices consider history, previous decisions and principles of law.

If you are affected by a law that you believe is unconstitutional you can ask the High Court to decide whether the legislation is invalid or not. If the High Court finds a law to be invalid it means the legislation is unconstitutional.

​The High Court also has the power to hear appeals from Federal, State and Territory Courts.

For more information click here to visit the High Court Website
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Chief Justice Susan Kiefel. Source: High Court of Australia
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​​Telephone: 1800 009 855
Exhibition Address: High Court of Australia, Canberra 
email: info@australianconstitutioncentre.org.au
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  • About Us
  • The Australian Constitution
    • What is the Australian Constitution
    • The Writers of the Australian Constitution
    • The Australian Constitution
  • Origins of the Constitution
    • Where did the Australian System of Government come from?
    • Timeline
  • The Six Principles
    • Democracy
    • The Rule of Law
    • Separation of Powers
    • Federalism
    • Nationhood
    • Rights
  • The High Court
    • The First High Court
    • The Role of the High Court
    • Democracy – The Right to vote survives incarceration
    • The Rule of Law - Miners pay rise is unauthorised
    • The Rule of Law – The government overreached when it banned the Communist Party
    • The Rule of Law - Even a murderer deserves a fair trial
    • The Rule of Law - The High Court limits Federal Government spending powers
    • Separation of powers – Well may we say, “God save the Queen”
    • Separation of powers – The powers of State Courts
    • Separation of powers – Parliament cannot make laws to keep evidence from the High Court
    • Federalism – Engineers Union succeeds in the High Court, expanding Federal power
    • Nationhood - The Constitution saves the Franklin River
    • Rights - NSW Government compulsorily acquires wheat during World War I
    • Rights - High Court overturns 200 years of common law
  • Resources
    • Australian Constitution Centre Resources
    • FAQs
    • Glossary
    • Take the Knowledge Quiz
    • Introduction to the education program
    • Lesson Plans >
      • Lesson Resources ACHASSK134
    • Links to other relevant organisations