The Supreme Court and Precedent-
The Supreme Court and Precedent-
Many recent decisions by the High Court have come under the
spotlight of public scrutiny. Questions have been raised over the
Court's adherence to the Doctrine of Precedent and the Separation of
Powers doctrine. This paper will examine the theoretical
and practical issues placed upon the High Court from the Precedent
doctrine.
The Doctrine of Precedent requires that 'like cases be decided
alike'. If a case now before the court …
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…the High Court' (1978) 9
Federal Law Review 483.
Starke, J. 'Criteria according to which a final appellate court will
overrule an earlier decision by it' (1990) 64 Australian Law Journal
753.
Virtue, B. 'High Court is planning new rules' (1993) 28 (6) Australian
Lawyer 18- 24; 26-28.
Von Nessen, P. 'The Use of American Precedents by the High Court of
Australia' (1992) 14 Adelaide Law Review 181.
Wade, E. & Bradley, A. Constitutional Law. London: Longmans, 1966.
Zines, L. The High Court and the Constitution. 3rd ed., Sydney:
Butterworths, 1992.
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