previous
next

§ 335. “Defining the Jurisdiction of any Federal Court other than the High Court.”

This sub-section deals with the jurisdiction of “such other federal courts as the Parliament creates” (s. 71). The High Court is created, and a great part of its jurisdiction is conferred, by the Constitution itself; but the inferior courts will depend wholly, for their existence and for their jurisdiction, on federal legislation. And of course the jurisdiction so given must be within the limits allowed by the Constitution. The following quotation from the opinion of the Supreme Court of the United States in Mayor v. Cooper, 6 Wall. at p. 252, is completely applicable:—“As regards all courts of the United States inferior to this tribunal, two things are necessary to create federal jurisdiction, whether original or appellate. The Constitution must have given the court the capacity to take it, and an act of Congress must have supplied it.”

previous
next