The Decisional Independence of Chapter III Courts and Constitutional Limitations on Legislative Power: Notes from the United States

An attempt is made to identify and define those constitutional principles, derived from the doctrine of the separation of powers, which govern the relationship between Parliament and the Chapter III courts in the precise situation where Parliament purports to amend the law which is applicable in pending legal proceedings. The issue of whether the separation of judicial power in Chapter III of the Commonwealth Constitution places limitations on the legislative competence of Parliament to affect the resolution of legal issues in the pending case has been the subject of greater judicial and academic scrutiny in the United States