The Structure of the Australian Federal Judicial System: Some Observations for the Future Workings of the European Courts

Abstract

This year (2001) Australia celebrates the centenary of the federation of its states into the Commonwealth. With that federation came a system whereby federal law was able to be exercised both by courts created by the Common wealth Parliament and the courts already established by the states. I have been asked to speak about the jurisdiction of these courts, their procedures and their relationship to each other. I have concentrated my discussion on the High Court of Australia and the superior courts ? the Federal Court of Aus tralia and the Supreme Courts of the States. As this symposium is concerned with the European Court of Justice and its future, I shall attempt to explain how the sharing of jurisdiction between those courts works and how the High Court preserves its special position as the interpreter of the Constitution and the final court of general appeal. RabelsZ Bd. 66 (2002) S. 291-307 ? 2002 Mohr Siebeck ISSN 0033-7250