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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.

Chief Justice Susan Kiefel. Source: High Court of Australia

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