R v Kirby; Ex parte Boilermakers' Society of Australia
Boilermakers' case | |
---|---|
Court | High Court of Australia |
Full case name | R v Kirby; Ex parte Boilermakers' Society of Australia |
Decided | 2 March 1956 |
Citation(s) | (1956) 94 CLR 254 |
Case history | |
Subsequent action(s) | none |
Court membership | |
Judge(s) sitting | Dixon CJ, McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ |
The Boilermakers' case[1] was a 1956 decision of the High Court of Australia, holding that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law.
The significance of the case was that it restricted the use of judicial power to Chapter III courts (under the Australian Constitution), also establishing that these courts could exercise no other power. In this way, it set a high standard for the separation of judicial power.
References
- ↑ R v Kirby; Ex parte Boilermakers' Society of Australia (1956) 94 CLR 254
This article is issued from Wikipedia - version of the Thursday, February 25, 2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.