- The Oxford Handbook of the Australian Constitution
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- First Peoples
- Rule of Law
- Common Law
- Unwritten Rules
- International Law
- Comparative Constitutional Law
- State Constitutions
- Australia in the International Order
- Authority of the High Court of Australia
- Judicial Reasoning
- Standards of Review in Constitutional Review of Legislation
- Techniques of Adjudication
- Separation of Legislative and Executive Power
- The Judicature
- The Separation of Judicial Power
- The Constitutionalization of Administrative Law
- Co-Operative Federalism
- The Passage Towards Economic Union in Australia’s Federation
- The Federal Principle
- Federal Jurisdiction
- Rights Protection in Australia
- Due Process
- Political Participation
Abstract and Keywords
This chapter discusses the original jurisdiction of the High Court of Australia in constitutional matters, how that jurisdiction can be invoked, and the steps by which the High Court can remit all or part of a constitutional matter to a lower court. It examines the procedures and techniques by which the High Court may determine the factual context within which constitutional doctrine is applied to resolve disputes. The chapter also considers the rules developed by the High Court to control the commencement of constitutional litigation and the participation of others in that litigation. The High Court’s appellate jurisdiction in constitutional matters is also studied. Finally, the chapter turns to the forms and styles of advocacy before the High Court, as well as the composition of its bench in constitutional matters.
Peter Hanks is a barrister at Owen Dixon Chambers West.
Olaf Ciolek is a barrister at Douglas Menzies Chambers.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.