New South Wales v Commonwealth (1915)

High Court of Australia

New South Wales v Commonwealth (1915) 20 CLR 54 is a landmark Australian judgment of the High Court regarding judicial separation of power.[1] It is also known as the Wheat Case.[2]

The High Court of Australia decided that the strict insulation of judicial power was a fundamental principle of the Constitution. This also applies to tribunals and commissions set up by Federal Parliament which, can only recommend consequences.

Further the High Court held that only a court has judicial power under Chapter III of the constitution, so the Inter-State Commission created by Section 101 could not exercise judicial power despite the words of the Constitution, because it was set up by the executive and violated the conditions for being a Chapter III court.

References

  1. ↑ High Court of Australia,New South Wales v Commonwealth (1915) 20 CLR 54 (accessdate = 4 August 2012)
  2. ↑ The Argus (Melbourne Newspaper) Saturday 15 May 1915 Page 16.
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