AIP107 Political Action, Freedom & Justice in Australia Semester 1, 2006 Essay One 3. Has the High Court overstepped the boundaries of judicial power? Critically appraise using particular cases to illustrate your arguments. Since its establishment in 1903, the High Court has played a vital role in the Australian judicial system. For over a century, it has heard cases surrounding the jurisdictional power of both Commonwealth and state parliaments under the constitution, acting as a guardian of the constitution and interpreting where necessary. By looking at some of these past cases and their outcomes, we can determine whether or not the High Court has broken the boundaries of judicial power. It is those such as the infamous Franklin Dams Case which will be referred to in this essay as well as the First Uniform Tax Case and the effort by the Menzies� government to ban the Australian Communist Party. Each of these cases displays an obvious interaction with powers outside of the judiciary, although not all of the litigation heard by the High Court is so controversial. S......

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