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Ch1 The Parliament and the role of the House / GOVERNOR-GENERAL / Powers and functions / Functions in relation to the judiciary



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House of Representatives                                Ch 1                                                 p 14

 

The Parliament and the role of the House / GOVERNOR-GENERAL / Powers and functions

 

Functions in relation to the judiciary

The judicial power of the Commonwealth is vested in the High Court of Australia, and such other federal courts that the Parliament creates or other courts it invests with federal jurisdiction. 1

The judiciary is the third element of government in the tripartite division of Commonwealth powers. The Governor-General is specifically included as a constituent part of the legislative and executive organs of power but is not part of the judiciary. While the legislature and the Executive Government have common elements which tend to fuse their respective roles, the judiciary is essentially independent. Nevertheless in terms of its composition it is answerable to the Executive (the Governor-General in Council) and also to the Parliament. The Governor-General in Council appoints justices of the High Court, and of other federal courts created by Parliament. Justices may only be removed by the Governor-General in Council on an address from both Houses praying for such removal on the ground of proved misbehaviour or incapacity. 2

See also ‘The Courts and the Parliament’ at page 18.



Constitution, s. 71.



Constitution, s. 72.