Quis custodiet ipsos custodes – politics and the High Court’s constitutional review function

While the High Court’s constitutional review function is well-accepted in modern legal discourse, there has been surprisingly little analysis of what Australia’s Constitutional framers intended for our Federal Supreme Court. First, this paper recognises that the High Court wields legal power that possesses significant political consequences for Australian society. It seeks to illustrate this proposition through a political and legal analysis of the State Banking and Bank Nationalisation cases. Secondly, it asks itself whether the High Court was meant to be the sole overseer of its constitutional review function, and answers that question affirmatively. In doing so, it discusses the American decision of Marbury v Madison, and its significance to the Convention delegates.16 page(s