Broadening the reach of chapter III: The institutional integrity of state courts and the constitutional limits of state legislative power

Suri Ratnapala*, Jonathan Crowe

*Corresponding author for this work

Research output: Contribution to journalArticleResearchpeer-review

3 Citations (Scopus)

Abstract

This article reviews the High Court'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 summarising 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 wideranging implications for the powers of state legislatures to restrict judicial review and modify the requirements of natural justice.

Original languageEnglish
Pages (from-to)175-215
Number of pages41
JournalMelbourne University Law Review
Volume36
Issue number1
Publication statusPublished - 24 Dec 2012
Externally publishedYes

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