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The Judicial System.

Section 71.—The judicial power of the Commonwealth shall be vested in a Federal Supreme Court to be called the High Court of Australia, and in such other Federal Courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a a Chief Justice and so many other justices, not less than two, as the Parliament prescribes.

Thus the Constitution establishes and provides for the constitution of but one court. This Court cannot be abolished, nor can the jurisdiction, which it will be seen is assigned to it, be taken away except by an amendment of the Constitution. As to other federal courts, their establishment, their continuance, and their share of the judicial power of the Commonwealth are in the power


  ― 244 ―
of the Parliament. The power to invest the State Courts with federal jurisdiction is important and convenient; it avoids a multiplicity of tribunals, and the heavy cost of a large judicial establishment; and it is entirely justified by the high reputation for integrity and ability enjoyed by Australian Courts.

The extent of judicial power is nowhere expressly defined as it is in the Constitution of the United States. It consists of a general appellate jurisdiction (sec 73) and a jurisdiction over the matters specified in sections 75 and 76, which is partly vested in the High Court and for the rest to be defined by the Parliament under section 77.

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