What is a 'Supreme Court of a State'?
Sydney Law Review, Vol. 34, No. 2, pp. 295-315, 2012
22 Pages Posted: 26 Jul 2012 Last revised: 4 Oct 2012
Date Written: July 25, 2012
In Kirk v. Industrial Court of New South Wales the High Court held that it is a ‘defining characteristic’ of a state Supreme Court that it possess a judicial review jurisdiction in respect of jurisdictional errors. The High Court considered that were a state Supreme Court not to possess such a jurisdiction it would fail to meet the constitutional description ‘Supreme Court of a State’ and that, accordingly, it is beyond the legislative competence of a state parliament to deprive a state Supreme Court of that jurisdiction. This article explores the idea that state Supreme Courts possess defining characteristics and considers what other defining characteristics might be possessed by state Supreme Courts.
Keywords: defining characteristics, privative clause, ouster clause, Chapter III, Supreme Court, Federal Supreme Court, appellate jurisdiction, judicial review, jurisdictional error, inherent jurisdiction
JEL Classification: K10, K30
Suggested Citation: Suggested Citation