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When is one more powerful?

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aaaa1 View Drop Down

Joined: 03/November/2015
Location: Australia
Posts: 1
  Quote aaaa1 Quote  Post ReplyReply Direct Link To This Post Topic: When is one more powerful?
    Posted: 03/November/2015 at 22:41
Hey guys, i have this question which is incredibly annoying me atm.

When is the High Court more powerful than the Commonwealth Parliament, and when is the Commonwealth Parliament more powerful than the HC?

For the former, is it (simply) when the HC finds a law unconstitutional?


NotGuilty View Drop Down
Legal Guru
Legal Guru

Joined: 19/February/2008
Location: ACT
Posts: 1139
  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2015 at 15:05
The Commonwealth Parliament makes the law and the High Court interprets the law and develops the common law. Both institutions are created by the Constitution and both exercise power in different ways. The Commonwealth exercises legislative power and the High Court exercises judicial power. So the question of whether one is more powerful than the other cannot be answered.
This post does not constitute legal advice and cannot be relied upon.

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