LAW1112 Lecture Notes - Lecture 10: Persona Designata, Justiciability, William Gummow
Document Summary
The boilermakers" principles: the (cid:494)judicial power of the commonwealth(cid:495) may only be exercised by, nsw v commonwealth (cid:523)(cid:883)9(cid:883)(cid:887)(cid:524) (cid:884)(cid:882) clr (cid:887)(cid:886) (cid:523)the (cid:494)wheat case"), 62. Chapter iii courts (griffith cj): the provisions of sec. ), but the separation of powers principles have become a firmly established feature of australian public law. But: state supreme courts can and do exercise federal judicial power. (s 71, and state courts form part of the system of courts established by the. Constitution. (s 73: therefore, in kable v director of public prosecutions (nsw) (1996) 189 clr. 51, the high court held that while the separation of powers does not apply at the state level as strictly as at the federal level, state supreme courts: Cannot exercise powers that would diminish their integrity; and. Cannot be deprived of their essential and defining characteristics. R v davison (1954) 90 clr 353 at 366. Some version of linkage with boilermakers in state cosntituions as applied in the.
