Transcript

The High Court and the Parliament: Partners in law-making, or hostile combatants?

Publisher
Courts Parliament Law Australia
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apo-nid8136.doc 74.5 KB
Description

Although it was once believed that courts simply declare authoritatively what the law is - leaving any change in the law to our elected representatives - that myth was exploded long ago. The courts make law, and the High Court makes more than most. How, then, does this sit with the law-making responsibility of the Parliament? Is the High Court's law-making legitimate? How should it exercise this power, and to whom is it responsible? Does its law-making complement or counteract that of the Parliament? Is the High Court too 'activist', as some recent critics have alleged?

On the occasion of the centenary of the High Court, Michael Coper explores these and other aspects of the interconnections between the High Court and the Parliament.

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