Summary of the Decision of the High Court

The High Court made a very elucidating discussion on the provisions in question vis-a-vis fundamental issues governing the relationship not just between the executive and judicial branches of the government, but also future patterns in legislation. Although, technically, the position of the Commonwealth was upheld by the High Court as a victory for the government, the succinct reasoning of the court’s decision had far ranging implications.

Commonwealth of Australia

The paper examines and analyses the implications of the decision of the High Court in Plaintiff S157/2002 v The Commonwealth of Australia (2003) 195 ALR 24 on fundamental issues, such as the power of the courts to review actions of the executive branch of the government, principles observed in statutory construction vis-a-vis legislative intents and provisions of the Constitutions, and the rule of law, in general.