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Part IV Practice and Process, Ch.23 Techniques of Adjudication

Peter Hanks, Olaf Ciolek

From: The Oxford Handbook of the Australian Constitution

Edited By: Cheryl Saunders, Adrienne Stone

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 March 2023

This chapter discusses the original jurisdiction of the High Court of Australia in constitutional matters, how that jurisdiction can be invoked, and the steps by which the High Court can remit all or part of a constitutional matter to a lower court. It examines the procedures and techniques by which the High Court may determine the factual context within which constitutional doctrine is applied to resolve disputes. The chapter also considers the rules developed by the High Court to control the commencement of constitutional litigation and the participation of others in that litigation. The High Court’s appellate jurisdiction in constitutional matters is also studied. Finally, the chapter turns to the forms and styles of advocacy before the High Court, as well as the composition of its bench in constitutional matters.

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