Commercial Law Case Study Essay

922 Words Sep 5th, 2008 4 Pages
According to the Australian Constitution, the power to make laws vested in the parliament , whilst the power to interpret laws and to judge whether they apply in individual cases, vested in the High Court and other federal courts. In fact, one of the major function of the high court is to interpret the Constitution. For instance, the High Court of Australia may rule a law to be unconstitutional, that is beyond the power of parliament to make, and therefore of no effect. Such a circumstance would be seen by the government as a hindrance. Hence it is the intention of this essay to discuss why a high court decision on the constitutionality of a statute would be seen by a government as a more serious set back to its legislative reform program …show more content…
According to Keyzer, P., the High Court of Australia which is also the ultimate appellate court was created by the constitution to act as guardian and interpreter of the Australian Constitution. Therefore, the High Court plays a significant role on the issue of constitutionality on statutes. This statement can be supported by the doctrine of the void ab initio. The doctrine stated that if a statute is deemed to be unconstitutional by the high court, the statute itself is not valid, and therefore it is not legally binding. In addition to that, the assessment on the constitutionality by a court on the governmental measure is not always predictable. On the basis of the best legal advice available to it, a government promote and secure enactment of legislation which it believes to be constitutionally unassailable. Its legitimate expectation that the legislation will withstand constitutional challenge may, however be defeated when, upon judicial review, the reviewing court adjudges the legislation to be invalid and does so by overruling prior decisions or by discovering,

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