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The federal and state courts on constitutional law: The 2018 term

Mark Moshinsky

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Abstract

In this article I propose to focus on three decisions handed down by the State and federal courts during 2018. Each of these decisions relates to Ch III of the Constitution. One is a decision of the New South Wales Court of Appeal, sitting as a bench of five Judges. The next is a decision of the Court of Criminal Appeal of the Supreme Court of South Australia. And the third is a decision of the Full Court of the Federal Court of Australia. The proposition that I seek to develop in this article is that each of these cases makes a substantial contribution to the case law on Ch III of the Constitution, either by considering a new issue or by applying principles laid down by the High Court in a new context.

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What this paper is about

In this article I propose to focus on three decisions handed down by the State and federal courts during 2018. Each of these decisions relates to Ch III of the Constitution. One is a decision of the New South Wales Court of Appeal, sitting as a bench of five Judges. The next is a decision of the Court of Criminal Appeal of the Supreme Court of South Australia. And the third is a decision of the Full Court of the Federal Court of Australia. The proposition that I seek to develop in this article is that each of these cases makes a substantial contribution to the case law on Ch III of the Constitution, either by considering a new issue or by applying principles laid down by the High Court in a new context.

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Available abstract

In this article I propose to focus on three decisions handed down by the State and federal courts during 2018. Each of these decisions relates to Ch III of the Constitution. One is a decision of the New South Wales Court of Appeal, sitting as a bench of five Judges. The next is a decision of the Court of Criminal Appeal of the Supreme Court of South Australia. And the third is a decision of the Full Court of the Federal Court of Australia. The proposition that I seek to develop in this article is that each of these cases makes a substantial contribution to the case law on Ch III of the Constitution, either by considering a new issue or by applying principles laid down by the High Court in a new context.

Key concepts: Appeal, Law, Supreme court, Political science, High Court, Constitution, Precedent, Proposition

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