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Week 2 Lesson 4

The judiciary branch in Australia consists of a hierarchy of courts headed by the High Court of Australia. The judiciary applies and interprets the law independently without interference from the other branches of government. Key aspects of the judiciary include upholding citizens' rights, settling disputes according to law, and maintaining an independent, democratic system of justice.

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84 views6 pages

Week 2 Lesson 4

The judiciary branch in Australia consists of a hierarchy of courts headed by the High Court of Australia. The judiciary applies and interprets the law independently without interference from the other branches of government. Key aspects of the judiciary include upholding citizens' rights, settling disputes according to law, and maintaining an independent, democratic system of justice.

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© © All Rights Reserved
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The Judicial

Branch of
Government
in Australia
The Australian
Constitution

Legislature Executive Judiciary


Power to make Power to Power to apply
law administer law the law

House of Governor-
High Court
Representatives General

Prime Minister
Senate Federal Courts
and Cabinet

Governor Government
General Departments
2
What is the Judiciary
• The judiciary is the branch of government which administers justice according to law. The term

is used to refer broadly to the courts, the judges, magistrates, adjudicators and other support

personnel who run the system.

• The courts apply the law, and settle disputes and punish law-breakers according to the law. Our

judicial system is a key aspect of our democratic way of life. It upholds peace, order and good

government.

• Citizens look to the judiciary to uphold their rights and governments look to the courts to

interpret laws.

3
The Judiciary
• Under Australia’s Constitution, our judiciary is independent from the other arms of government.

• The separation of powers doctrine means that in interpreting and applying the law, judicial officers act

independently and without interference from the parliament or the executive

• Under the doctrine of the separation of powers the judiciary must remain independent from the other

two branches of government. This independence is seen as a vital safeguard against corruption

and a cornerstone of democracy.


The Judiciary
• Chapter 3 outlines The High Court of Australia as Australia's highest court.

• The High Court hears constitutional cases as well as appeals from lower courts

• Underneath the High Court are a number of other federal courts :

 Federal Court of Australia,

 Family Court of Australia

Federal Magistrates Court of Australia

•Generally, the federal courts hear matters relating to corporations, trade practices, industrial

relations, bankruptcy, customs, immigration and other areas of federal law as well

5
The Judiciary

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