set up by the Constitution to be guardian and interpreter of the Constitution, it also has an original jurisdiction and serves as the final court of appeal, hearing appeals from the State Supreme Courts.
To further unpack how the particular conditions of Canada's constitutional rules have affected efforts to modify the SCC's appointment process, reform of the judicial selection system of the High Court of Australia will also be considered.
Any attempt to curtail our advocacy and that of other environment groups would not only be a challenge to the independence of Australian civil society, but a drastic move away from 400 years of case law and the position of the High Court of Australia.
The High Court of Australia has ruled that the subject matter of an international treaty becomes proper subject matter in respect of which the federal Parliament may legislate by operation of section 51 (xxix).
Beginning in the 1980s, the High Court of Australia began to shift from a strict legalism philosophy towards a path of greater judicial activism while at the same time undergoing a significant institutional change because of the change in jurisdiction that required litigants to seek special leave to appeal in civil cases, which allowed the Court greater ability to select the cases it wanted to hear.