High Court review 2003

The centenary year

Bibliographic Data

ID12351198
AuthorsKatharine Gelber (0000-0002-0239-3552, a University of New South Wales, corresponding author)
Year2004
Volume39
Issue2
Pages331-347
Publication date2004-07-01
Open AccessNo
TypeARTICLE
VenueAustralian Journal of Political Science (JOURNAL)
Journal identifiersISSN: 1036-1146 • E-ISSN: 1363-030X
PublisherRoutledge (PUBLISHER • GB)
DOI10.1080/1036114042000238546
OpenAlexW2052672751
LanguageEN
Citations received7
References cited8

2003 marked the Centenary year of the High Court, an anniversary which provides an opportunity to revisit debates about its role in the Australian system of government. The first section of this article canvasses debates around this question, culminating in a consideration of the High Court's ‘new politics’. This sets the framework for an examination of events in 2003 from the perspective of the interaction between the judicial and other branches of government, in particular the executive. The article analyses the implications of executive interventions in relation to the judiciary, as well as important cases brought before the High Court. It argues that conflict between the executive and judicial branches is only likely to increase where contradictions of purpose arise between international legal norms and obligations, the rule of law and domestic policy objectives. This article is the third in a series of reviews of the High Court from a political‐science perspective published in the Australian Journal of Political Science

Executive branch · Government (linguistics · High Court · Perspective (graphical · Political science · Politics · Relation (database · Section (typography · Commonwealth, Australian Politics and Federalism · Judicial and Constitutional Studies · Law · Legal Education and Practice Innovations

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