The High Court of Australia is the highest in the court chain of command, which is identified as the court of “final appeal” and is also the highest court in the Australian official system. This court also has the critical power to find out unconstitutional issues and other appeals that is connected to the jurisdiction permitted by the instrument of government, which includes cases from federal courts and between general public of different states.. The times gone by the high court of Australia will be discussed in the detail as followed through its functions, character, and at the end how the high court uses its authority to expand Jurisdiction. Consequently, all the decisions prepared by the High Court are final and obligatory on all other courts
Moreover, in 1903 the previous preparation of the original Bench has to come across overconfident to the opportunity of the Judiciary Act. In addition in Melbourne, on sixth October 1903 the first session of the High Court was held in Banco Court of the Supreme Court building (Duhaime & Company, n.d.).
It was the famous Bench, surrounding three stupendous characters in the federal association that includes, the chief justice which is known as “Sir Samuel Griffith”, former Chief Justice of Queensland and former Premier, Sir Edmund Barton, the initial top parson of Australia and director of the Constitutional Conventions that absorbed Australia to be converted into a Federation in 1901 and at last Richard Edward O’Connor, Solicitor-General of New South Wales, and a former chess of fair dealing and in the Senate it was the first administrator of the Government. First of all the courts sentence, the Justices impressed the penman of the High Court in excess of the country superlative Courts and established which it called the significant and compulsory protection of the recently shaped Common – wealth of Australia. Utilizing their individual risen Constitution also the Judiciary Act, they bring as regards a widespread appellate authority, for that reason escalating significantly the workload of the Court (History of the High Court, n.d.).
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... assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole of the jurisdiction of the ... certain decisions of Australian State Supreme Courts exercising federal jurisdiction. The Chief Justice is responsible for managing the administrative ... affairs of the Court. The Chief Justice may delegate any of his administrative powers ...
At the inauguration of the High Court, it contributed registry facilities and courtroom in the midst of the State encourage in Melbourne and Sydney. In 1923, the High Court was have to be at long last to get ready with the High Court’s own break up conveniences and a exceptional structure was created and opened for the Court in Melbourne in 1928. The structure meant for the everlasting position was construct in Canberra that was determined in 1972 untill 1973 and the manufacture starts in 1975 and it was individually conquered by the Queen on 26 May 1980 and it’s Director Registry were then replaced to this location (History of the High Court, n.d.).
The general description of Jurisdiction can be defined as the power given by the law to courts to handle cases or legal substance within a specific geographic region or the nature of the legal cases undertaken by the court. For instance, usually the Superior Courts have control over cases that come under the category of domestic relationship such as the divorce, guardianship and also trial of criminal act. The Australian Constitution usually deals with two types of jurisdiction in the High Court, original jurisdiction when the Court is to determine cases or matters for the first time or at first instance, and appellate jurisdiction where the court hear cases which are appealed from the decision of lower courts (Terry & Giugni, 2003: 72).
Original jurisdiction comes under any of these situations where a issue evolves directly beneath any treaty, issues dealing with Commonwealth of Australia, or a person suing or being sued on behalf of the commonwealth, concerns among the states or along with the residents of various states or problems amid a state and a resident of different state and an affair which involves summoning of a prohibition which is required against an officer of the Federal Government or of a federal court of Australia, although in this, the High Court Shares the jurisdiction with the Federal Court of Australia (Australia’s Legal System, 2004).
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Scott v. Sandford (1857) Dred Scott was held as a slave to Missouri resident Dr. John Emerson. In 1834 Scott traveled with Dr. Emerson to the state of Illinois, and in 1836 to areas of present day Minnesota only to finally return back to Missouri in 1838. Slavery was forbidden in the state of Illinois and under the Missouri Compromise of 1820 was also forbidden in the traveled areas of Minnesota. ...
When considering the appellate jurisdiction, the High Court can hear appeals from any justice which is implementing original jurisdiction of the court, any federal court or courts which are applying federal jurisdiction and the supreme court of any state (Terry & Giugni, 2003: 71).
Cases are undertaken by the High Court when significant groups who wish to appeal must firstly persuade or convince the court that it is necessary or a must for them to be heard by the High Court. The High Court operates differently according to the different cases filed, for example the original jurisdiction is dealt with a single judge, on the other hand when an appeal is taken, the Court Of Appeal is represented by three judges and criminal appeal is dealt within the Court of Criminal Appeal which is usually represented by three judges and at times with the Chief Justice (Terry & Giugni, 2003: 72).
To conclude, the High Courts decisions are concluding and must be applied by all the courts operating below it. The most vital role of the High Court is interpreting the Constitution, handling cases appealed from different courts and protecting individual rights. By developing the point of individual right has actually lead to an ongoing debate about constructing a Bill of Rights in order to provide superior protection of individual rights, this is one of the key issues of the High Court. It also deals with two type of jurisdiction called the original and appellate jurisdiction and accepts cases according to theses jurisdiction. This has summarised the roles and the function of the High Court and the federal jurisdiction.
The Essay on High Schools in Australia and China
High schools play an important role in teenager education. Each country pays high attention on it, so they try their best to improve the high school education system. Because of different cultures, high schools have many differences in various countries. For example, comparing high schools in Australia and China, there are several similarities and differences in three areas, including the teaching ...
Reference List:
About the High Court, n.d., History of the High Court, High Court of Australia. Available: http://www.hcourt.gov.au/about_02.html [Accessed 7 December, 2004]
Attorney’s General Department, 2004, “The Court System”, Australia’s Legal System, Australian Government Attorney-General’s Department. Available: [Accessed 3 December, 2004]
Duhaime & Company, n.d., High Court Of Australia, Canada. Available: [Accessed 3 December, 2004]
Emy, H. and Hughes, O. 1991, Australian Politics: Realities in Conflict 2nd edition, Macmillan, Melbourne.
Terry, A. and Guigni, D. 2003, Business, Society and the Law, Thomas, Australia.