R v Kirby; Ex parte Boilermakers' Society of Australia
Encyclopedia
R v. Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10; (1956) 94 CLR
254 (2 March 1956) was a case in which the High Court of Australia
held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. Although the court's reasons did not examine the fundamental justifications for the separation of judicial and executive powers, this case is one of the foundations for that doctrine in Australian law.
The significance of the case was that it restricted the use of judicial power to Chapter III courts (under the Australian Constitution), but also limited Chapter III courts to perform no other duty than exercising judicial power. In this way, it set a high standard for the separation of judicial power.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
254 (2 March 1956) was a case in which the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. Although the court's reasons did not examine the fundamental justifications for the separation of judicial and executive powers, this case is one of the foundations for that doctrine in Australian law.
The significance of the case was that it restricted the use of judicial power to Chapter III courts (under the Australian Constitution), but also limited Chapter III courts to perform no other duty than exercising judicial power. In this way, it set a high standard for the separation of judicial power.
External links
- The case on AustLII