Judiciary

=__**Judiciary**__=

Use the above sheet to identify the important aspects of landmark High Court cases. Ensure you have covered both CONSTITUTIONAL decisions, as well as COMMON LAW decisions - and that you understand the difference.

Some examples: CONSTITUTIONAL CASES eg Tasmanian Dams, Uniform Tax case, Ha, WorkChoices COMMON LAW CASE eg Mabo (No.2), Wik, Dietrich

Hint: do you have examples of Activist and Legalist decisions? Or examples of implied rights decisions? What about cases that change the federal balance of power (in favour of Commonwealth, or in favour of States)? These are useful to know.


 * ACTIVISM - ARTICLES

Article about judicial activism by former HC Justice Kirby [|Judicial activism - article]

Article about judicial activism by current Chief Justice French []

Article criticising judicial activism by Professor Greg Craven []

HIGH COURT

High Court of Australia []

DEFINITIONS

Definitions from [|PEO Glossary]

**judicial power** Judicial power is the power to interpret or apply the law and one of three powers under the Constitution, the others being legislative power (exercised by the Parliament) and executive power (exercised by the Executive). //The judge defended the court’s **judicial power** when the minister criticised his interpretation of the law.//

Judiciary (the)

 * 1) The Judiciary is the branch of Australian governance concerned with the administration of justice. It is made up of the system of courts and judges. //The **Judiciary** responded to laws proposing mandatory consequences for first time offenders.//
 * 2) The Judiciary is a term which applies to the collection of people who hold the office of judge.

justice
Justice is the act of doing what is right and fair. //In Australia the system of courts and judges is responsible for seeing that **justice** is done.//

**PowerPoint about the Judiciary, High Court and arguments for and against Judicial Activism (from class 27/3/13)**
(note: some gaps - this will be added to later; it is what I showed you in class today)