LAW1112 Lecture Notes - Lecture 11: William Deane, Quintessentially Group, Obiter Dictum
Document Summary
Certain powers are seen as inherently judicial in nature: declaring the common law, declaring law is preferred over (cid:498)creating(cid:499) law, farrah there is uniform common law across aus, rather than differing from state to state/territory. Accordingly, the parliament cannot, consistently with ch iii of the constitution, usurp the judicial power of the commonwealth by itself purporting to exercise judicial power in the form of legislation. Communist party case: reviewing for constitutional validity. If in breach of the constitution it is ultra vires. It is emphatically the province and duty of the judicial department. [the judicial branch] to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. Constitution intended to import this principle: ascertaining the meaning of statutes, courts decide what legislation means, based on a us case (marbury v madison, which was adopted into. Queen (2011) 245 clr 1: relevant provisions of the charter of human rights and.
