The Centralisation of Judicial Power within the Australian Federal System
Federal Law Review (FLR). Volume 42(2), 2014
33 Pages Posted: 8 Jan 2015 Last revised: 6 Feb 2015
Date Written: January 7, 2015
This article considers the patterns of centralisation within the federal judicial system. While centralisation of legislative, executive and fiscal power within the federal system has been well documented, the architecture of judicial federalism has been the subject of less attention. The article, first, seeks to show that principles derived from Chapter III of the Constitution have, on the whole, exhibited broadly similar centralising characteristics and exerted centralising effects, and, secondly, offers explanations for this centralisation.
Keywords: Constitutional law, federalism, judicial power, judicial federalism, separation of powers
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