What is the relationship between the High Court and Parliament?
Australia has a court hierarchy that includes all state, territory, and federal courts. The state and territory courts deal with matters under state and territory laws. The federal courts deal with matters involving federal law and with appeals from state and territory courts. The High Court is the highest level court in the Australian judicial system.
The High Court was established by Section 71 of the Constitution and contains a Chief Justice and six other Justices. It is the highest court of appeal in Australia and the only court that can interpret the Constitution and determine the validity of laws. The judgement of the High Court in cases is final and conclusive.
Parliament has the right to create, change or remove any law, only within the limits of the Constitution. The High Court can invalidate a law created by Parliament if it goes against what is permitted in the Constitution. As stated earlier, Australians have a Constitutionally interpreted freedom of political communication. If Parliament were to create a law that infringes on this freedom, the High Court would invalidate that rule. This would apply to any other Constitutionally enshrined rights, freedoms, rules or systems, including voting.