What is a 'Supreme Court of a State'?

被引：0

作者：

Beck, Luke ^{[1
]}

机构：

[1] Univ Sydney, Fac Law, Constitut Reform Unit, Sydney, NSW, Australia

来源：

SYDNEY LAW REVIEW | 2012年 / 34卷 / 02期

关键词：

D O I：

暂无

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

In Kirk v Industrial Court of New South Wales the High Court held that it is a 'defining characteristic' of a state Supreme Court that it possess a judicial review jurisdiction in respect of jurisdictional errors. The High Court considered that were a state Supreme Court not to possess such a jurisdiction it would fail to meet the constitutional description 'Supreme Court of a State' and that, accordingly, it is beyond the legislative competence of a state parliament to deprive a state Supreme Court of that jurisdiction. This article explores the idea that state Supreme Courts possess defining characteristics and considers what other defining characteristics might be possessed by state Supreme Courts.

引用

页码：295 / 315

页数：21