Broadening the Reach of Chapter III: The Institutional Integrity of State Courts and the Constitutional Limits of State Legislative Power

Melbourne University Law Review, Vol. 36, No. 1, pp. 175-215, 2012

University of Queensland TC Beirne School of Law Research Paper No. 11-20

41 Pages Posted: 3 Sep 2012

See all articles by Suri Ratnapala

Suri Ratnapala

The University of Queensland - T.C. Beirne School of Law

Jonathan Crowe

University of Southern Queensland - School of Law and Justice

Date Written: September 3, 2012

Abstract

This article reviews the High Court of Australia’s emerging jurisprudence on the institutional integrity of state courts. It begins by surveying the Court’s recent decisions in this area. The authors argue that these decisions can usefully be placed into four interrelated categories, concerning the constitution of state courts, impermissible grants of jurisdiction, impermissible withdrawal of jurisdiction and procedural guarantees. After summarizing the central principles arising from the rulings, the authors consider four possible broader implications, focusing particularly on Kirk v Industrial Court of New South Wales. It is argued that Kirk has potentially wide ranging implications for the powers of state legislatures to restrict judicial review and modify the requirements of natural justice.

Keywords: Constitutional law, institutional integrity, state courts, jurisdictional error, natural justice

Suggested Citation

Ratnapala, Suri and Crowe, Jonathan, Broadening the Reach of Chapter III: The Institutional Integrity of State Courts and the Constitutional Limits of State Legislative Power (September 3, 2012). Melbourne University Law Review, Vol. 36, No. 1, pp. 175-215, 2012, University of Queensland TC Beirne School of Law Research Paper No. 11-20, Available at SSRN: https://ssrn.com/abstract=2140665

Suri Ratnapala

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Jonathan Crowe (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

HOME PAGE: http://jonathancrowe.org/

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