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VICLegal StudiesQuick questions
Unit 4: The people and the law
Quick questions on The role of the High Court in interpreting the Constitution and protecting rights: VCE Legal Studies
4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the High Court as guardian of the Constitution?Show answer
The High Court of Australia is established by s 71 of the Constitution. It is the final court of appeal for all Australian courts and the ultimate interpreter of the Constitution. It is often called the guardian of the Constitution because it has the authority to decide what the words of the Constitution mean and to declare a law invalid if it is beyond the power granted by the Constitution (ultra vires).
What is q1?Show answer
State the section of the Constitution that establishes the High Court and explain why it is called the guardian of the Constitution. [3 marks]
What is q2?Show answer
Explain how the High Court's interpretation of s 51 powers has affected the division of powers. [4 marks]
What is q3?Show answer
Discuss one strength and one limitation of relying on the High Court to protect rights. [4 marks]
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