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§ 231. “Power Vested … in the Federal Judicature.”

The judicial power of the Commonwealth is vested in a Federal High Court and in such other Courts as may be created (sec. 71). Sub-sec. xxxix. authorizes the Parliament to pass any law necessary for the execution and maintenance of the judicial power. No mention is made in the Constitution of the right of litigants, and other persons interested in proceedings in the Federal Courts, to appear and be heard by Counsel learned in the law ; but the grant of ancillary power covered by this sub-section will enable the Parliament to legislate, or to authorize the High Court to make rules, respecting the legal profession, its qualifications, privileges, and obligations in relation to Federal Courts. It will also authorize the appointment of proper officers to preserve the records and enforce the judgments, decrees, orders, and sentences of the Federal Courts.

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