Judiciary

(judicial)

The judiciary is a term used for the branch of government that interprets the law, adjudicates legal disputes and administers justice. The judiciary, made up of the judges who work within a system of courts of law, decides cases brought before it against the requirements of the statutes passed by parliament, the common law precedents set by previous court judgements and the constitution. These functions formally distinguish the judiciary from the parliament that makes laws and the executive that implements laws (see separation of powers).

The most powerful Australian court is the High Court of Australia, which is the final court of appeal for legal disputes, including disputes that originate within a state. It comprises seven justices led by a Chief Justice. Most importantly from a political viewpoint, the High Court interprets the Australian Constitution and determines disputes that arise over the constitutionality of government activity, including the acts passed by parliament. In one example of this power, the High Court has used Chapter III of the Constitution to protect the separation of powers between courts with Commonwealth jurisdiction and the other arms of national government, preventing the Commonwealth parliament from setting up bodies other than properly established courts to exercise judicial functions.

In one important respect, the separation of powers between the courts and the parliament and executive is not as clear-cut as it might first appear. The judiciary does make law. Judges make law where parliament has not yet passed an act covering a particular area of life.