Judicial federalism in Australia

by Gabrielle Appleby

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....