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WS01 - Perspectives on the role of the High Court

Humanities and Social Sciences, Civics and Citizenship, Year 10

By the end of Year 10, students compare the key features and values of Australia’s system of government to those of another system of government. They describe the Australian Government’s role and responsibilities at a regional and global level. They explain the role of the High Court of Australia. They explain how Australia’s international legal obligations influence the law and government policy. They identify and explain challenges to a resilient democracy and a cohesive society in Australia. 

 

Students develop and refine a range of questions and locate, select and compare relevant and reliable information from a range of sources to investigate political and legal systems, and contemporary civic issues. They analyse information to evaluate perspectives and challenges related to political, legal or civic issues. They evaluate and compare the methods or strategies related to civic participation or action. Students use civics and citizenship knowledge, concepts and terms to develop descriptions, explanations and arguments that synthesise evidence from sources.

Knowledge and understanding | Government and democracy

AC9HC10K01

the key features and values of Australia’s system of government compared with at least one other democratic or non-democratic system of government in the Asia-Pacific region

Knowledge and understanding | Laws and citizens

AC9HC10K03

the role of the parliament and the High Court of Australia in protecting rights under the Constitution, common law, and through federal and state statute law

Skills | Questioning and researching

AC9HC10S01

develop and modify questions to investigate Australia’s political and legal systems, and contemporary civic issues

Skills | Communicating

AC9HC10S05

create descriptions, explanations and arguments using civics and citizenship knowledge, concepts and terms that incorporate evidence

Annotations

 These annotations are interactive and link to a specific timestamp in the video. x
1

Identifies the role of the High Court of Australia.

 5 18 1 90
2

Explores the role of the High Court of Australia, referring to examples.

 19 61 10 90
3

Explains the significance of the High Court of Australia within Australia’s political and legal systems.

 64 95 1 90
4

Explains a key feature of Australia’s system of government.

 97 124 1 90
5

Poses questions in relation to Australia’s political and legal systems.

 125 134 1 90
6

Compares some key features of the Australian system of government to another system.

 152 183 1 90
7

Uses subject-specific language, such as judiciary and mediate, to support discussion.

 163 183 10 90
8

Uses subject-specific knowledge, such as the Mabo decision and interpretation of the Australian Constitution to inform or persuade.

 192 213 1 90
9

Explores the importance of the Australian Constitution to the operation of the High Court.

 216 275 1 90
Transcript

So do you reckon that’s like one of the roles, like the, one of the major roles of the High Court is just to create like a unified sort of, state of affairs and stuff?

 

Yeah. 

 

Throughout consistency and..

 

Yeah..So I also think in, like, in the Mabo decision, the High Court also drew on, Canadian. Well, basically decisions based on Canadian indigenous peoples and then that formed the basis for what, the Australian decision was. And in that way, reflects the greater kind of social conscious, I guess it's like a link.

 

... like provided the link.

 

 

During  ‘83 a major platform for Bob Hawke was the Tasmania's dams, Tasmanian dams cases. Most people, I think it was the vast majority in the main land, believed we should save the Franklin River. Unlike in Tasmania, where a large proportion of the Tasmanian people believe wanted the Franklin River to, fight their unemployment. So the High Court had a massive role to play in the future of Tasmania. And how...  

 

So It's kind of effect isn't just limited to kind of legislation. Well, not legislation, but, the legal area. But so it actually has an influence on kind of broader Australian politics and just basically government elections.

 

Yeah. Just demonstrates how the, how the, the parliament has a lot of influence of the judiciary. 

 

Yeah. 

 

Judiciary.

 

Yeah.

 

So I think it's very important that we do, enforce the rule of law and have this separation of powers between the Parliament and the courts, to provide, each other can provide a check and a balance for each other to serve as checks and balances. And so they, so we can have two, powers independent from each other, to, so that one doesn't rise above the other and take full political...

 

What would happen if, like, the, separation of powers was unbalanced in like a bad case scenario? How would that have a negative kind of effect on society? And also to an extent, I guess it would just be like denying you're kind of right. Like fair, unbiased hearing to an extent. 

 

Yeah. Which is one of the main principles of the rule of law. 

 

Yeah. 

 

 

It's true in our society. In our society, the more our society. The executive is part of the parliament. So it's hard not in the US system. He's not, it's just that he is actively within the cabinet and, isn't completely separated from the parliament. And considering they elect judges, they're not completely separate from the judiciary as well.

 

Yeah.

 

Yeah. 

 

So it still is like a bias in our system, except it's important that the High Court still tries to mediate, the separation of powers. Let's get even, like, further out of hand and then have kind of adverse implications on society in general I guess. Yeah. So I guess another main role of the High Court is to interpret the Constitution is, well, it has original jurisdiction on, constitutional matters. 

 

So it's anyone who can edit the Constitution to that jurisdiction. So it's really important that the court is neutral and isn't swayed. Or else we could the Constitution could be, changed or amended in a way that's adverse to society's don't use...

 

...the Constitution is really kind of be, essential to basically the construction of this establishes all of these things. The High Court is the one to do that because else if, basically like the founding document that sets up everything in the country was kind of polluted by, lesser courts, which didn't have this kind of far seeing vision, I guess. Well, good judges then. 

 

Yeah. And if it was left to the Parliament, who does have a political, though? Yeah, yeah. And even they have problems passing legislation. 

 

Yeah. 

 

Most of the time. 

 

Yeah. 

 

So having another, a neutral more, sustained bodies such as the High Court, it keeps the  constitution, neutral, I guess. 

 

Yeah. 

 

So just to prevent political bias creeping in and, Yeah and negatively affecting it.