What is a 'Supreme Court of a State'?

Sydney Law Review, Vol. 34, No. 2, pp. 295-315, 2012

Sydney Law School Research Paper No. 12/76

22 Pages Posted: 26 Jul 2012 Last revised: 4 Oct 2012

See all articles by Luke Beck

Luke Beck

Monash University - Faculty of Law

Date Written: July 25, 2012

Abstract

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

Beck, Luke, What is a 'Supreme Court of a State'? (July 25, 2012). Sydney Law Review, Vol. 34, No. 2, pp. 295-315, 2012; Sydney Law School Research Paper No. 12/76. Available at SSRN: https://ssrn.com/abstract=2117622

Luke Beck (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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