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Australian High Court

The Hammond's case in 1997 regarding tabacco taxes ruled in favour of the Federal Government as through section 90, the excise fees are reserved for the Commonwealth, and thus altering the Federal Balance, throwing into doubt the validity of State taxation on liquor similarly to the tabacco tax decisions have extensively altered the Federal Balance in Favour of the Commonwealth.
             The High Court has also had a great impact on the Legal system through decisions it has handed down involving Common law issues and the operation of rights. Cases which evince this are, Tasmanian Dams Case (1983) and Mabo (1993). In Tasmanian Dams case (1983) section 51(29) external affairs allowed the Commonwealth to stop the Tasmanian Government from building a dam inside a world heritage area. The Commonwealth had previously signed an international treaty nominating this area for world heritage listing. Hence through section 51(29) the Tasmanian Government was unable to touch the land in which they had intended on. .
             Mabo case (1993) is one of the most evident case involving Common Law and implied rights. The High Court upheld that section 51(31) Australia was not a Terra Nullis when settled by the British in 1788. The Court said that native title could be possessed by people who contrived to use the land and where traditional connection with the land had been substantially maintained, but the Court also said that the crown grant which gave an interest in the land that was inconsistent with a native title claim, would extinguish that native title. The Court made it very clear that State and Territory Governments would be limited in the way that they might negotiate land claims through legislative or executive action. This was because of the Commonwealth's Racial Discrimination Act would apply and prevent discrimination against Aboriginal's and Torres Straight Islanders. Western Australia then tried to avoid this High Court ruling by legislative means.


Essays Related to Australian High Court

1. The Australian High Court

... around the interpretation of the Constitution and statutory legislation about the power of the Commonwealth compared to the States. In recent times the High Court has played an active and even controversial role in the history of the Australian legal system. The creation of a federal system presupposes the establishment of a judicial umpire to regulate the constitutional relationship between the ... Constitutional monopoly over excise taxes. This only adds to the increasing powers of the Commonwealth government through the decisions of the High Court, creating controversy. The human and...

  • Word Count: 1774
  • Approx Pages: 7
  • Grade Level: Undergraduate

2. Poltics In The High Court Of Australia

... It wasn't until 1946 that the number of judges was once again increased to seven. The number of justic! es in the High Court has remained at seven ever since (High Court, date accessed 25 May 2001). Even though the High Court is not a part of the government in many ways, the judicial power and therefore it's decisions are to be regarded as part ... favour of judicial restraint believe that judges are forming decisions based on their own personal and political experience. If this is true we must first look at how the High Court judges are chosen. High Court Justices are appointed by the ...

  • Word Count: 1578
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: High School

3. High Court Australia

Analyse the role of the contemporary Australian High Court. Why is it often criticised by politicians and others? Is the Court a judicial or political body? How the high court operates????? (my benefit) - The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The functions of the High Court are to interpret and apply the law of Australia; to decide ... of Australian law. It includes, for instance, arbitration, contract, company law, copyright, courts-martial, criminal law and procedure, tax law, insurance, personal ...

  • Word Count: 1154
  • Approx Pages: 5
  • Grade Level: Undergraduate

4. Australian Federation

... authority. Immigration was another matter where cooperation was needed. Thousands of Chinese were coming to Australia in search for gold. Australians were afraid that cheap Chinese labor would lower Australian workers living standards and both governments and unions agreed that such immigration should be restricted. A common policy would achieve this. Against Federation - Colonial Interests Colonies, since ... movement for Federation after Parkes retirement, he worked tirelessly with federal leagues to gain "grass roots" support. Alfred Deakin, Victoria's MLA, with business supporting ec...

  • Word Count: 1831
  • Approx Pages: 7
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5. The Australian Aborigine

... ) 17 FLR 141 In the Mabo case, the court acknowledged that the Meriam tribe living on the Murray Islands owned that land. It allowed the Aborigines to use, enjoy and occupy the land. "In terms of civil law, the High Court appears to acknowledge that indigenous customary law can and does co-exist with Australian common law." (Heinemann, 2000:234) This decision ... was an acknowledgement of Aboriginal customary law. The High Court concluded that some Aboriginal law survived the colonization process. This was a conclusion confirmed in WA v ... Commonwealth, Wororra Peoples v WA and Teddy B...

  • Word Count: 1027
  • Approx Pages: 4
  • Has Bibliography
  • Grade Level: Undergraduate

6. Australian Legal system and women in the workplace

... have tried to eliminate all forms of discrimination against women in the workplace. However, despite all the changes that have occurred in the Australian legal system to stop unequal treatment and discrimination in the workplace, women although less needy then before, are still disadvantaged. In the past ... wasn't until the early 20th century that women became a separate "entity" from the husbands meaning that women were able to own land, enter court cases with others without her husband. This abolished the concept of unita caro. Attitudes towards women in the workplace has changed from...

  • Word Count: 1356
  • Approx Pages: 5
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7. Australian Consitution

... included which leaves them wide open for attack and speculation and allows individual governments to interpret and rule as they see appropriate, thus hindering stability within the nation. Within the Australian constitution, limited provision is made for the protection of human rights. Therefore, it is possible for rights to be abused and denied. Internationally, human rights have been included ... internationally, therefore it is important that these sentiments are engrained within Australia so that they may protect not only citizens from other struggling countries, but their own. Whil...

  • Word Count: 1662
  • Approx Pages: 7
  • Has Bibliography
  • Grade Level: Undergraduate

8. Australian Aboriginal Spirituality.

... methods is sometimes compensation for loss of land in the past _ clash with mining companies Native Title " a term used by the Australian high court to describe the common law rights and interests of Aboriginal and Torres Strait Island peoples of land in regards to their traditional land, laws ... not achieved yet _ still problems with housing, land rights, health, and within the legal system _ The Gove Land Rights Case (1971) _ court case between Yirrkala people and Nabala Co Limited _ Yirrkala people didn"t want bauxite to be mined _ Judge: Judge Blackburn _ Judge Blackburn acknowledg...

  • Word Count: 2422
  • Approx Pages: 10
  • Grade Level: High School

9. Strengths and Weaknesses of the Australian Constitution

... . Since its inception in 1901 the constitution has had many supporters but also many skeptics, both of which have their own ideas on the strengths or weaknesses of it. The Australian Constitution has many strengths and weaknesses to it. A major strength of the constitution is that the three main institutions of government (legislature, executive and judiciary) were created following the principles ... of representative government to form parliament. The election process requires every adult (18+) Australian citizen to vote in a secret ballot to determine the members of parliament and the...

  • Word Count: 1067
  • Approx Pages: 4
  • Grade Level: Undergraduate

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