PPL – Judicial Power (Lecture 3) final

PPL – Judicial Power (Lecture 3) final - PPL...

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PPL – Judicial Power (Lecture 3) Boilermakers Case Under the Boilermakers’ Case there is not separation of powers at state level, but at Commonwealth level there is. Two limbs previously mentioned: o Judicial power of the Commonwealth can only be vested in a Chapter III court (or a state court vested with federal judicial power under s 77(iii). o A federal Chapter III court cannot be invested with anything other than federal judicial power. Indicia of judicial power There hasn’t being an exhaustive definition of judicial power. o Power derived from sovereign authority. This power needs to be of authority, so it must be the authority of the government to decide something. If coming from another source, it is likely not to be judicial power. Judges are to apply the law, not their own view. There can also be generally acknowledged standards where moral judgments are used that can be acceptable. o A controversy about existing legal rights and duties. A
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This note was uploaded on 09/27/2011 for the course FINANCE 1001 taught by Professor Profassorted during the Three '11 term at University of Adelaide.

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PPL – Judicial Power (Lecture 3) final - PPL...

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