Judicial federalism in Australia

Gabrielle Appleby, Anna Olijnyk, James Stephen Stellios, John Williams

The Australian High Court has implied from Chapter III of the Constitution significant protections for judicial independence and fair trial processes. In the last 25 years, these protections have been extended to the judiciaries of the Australian States with often-overlooked consequences for the operation of the Australian federation. Chapter III protections perform an important role in safeguarding individual liberties in a system largely bereft of constitutional rights protections. But they have also frustrated, or mandated substantial amendment to, a number of legislative initiatives. Unsurprisingly then, Chapter III is the site of significant constitutional disagreement. Australia's second century has heralded heightened tension between governments and the courts over the proper scope of the limitations derived from Chapter III. These limits are some of the most dynamic in...