The Separation of Powers and the Mineralogy/Palmer Litigation

In a landmark decision in 1996, a majority of the High Court found that the principle of separation of powers could be effectively drawn down from the Australian Constitution so as to be applicable to the state context. The principle is axiomatic as part of constitutional governance, seeking to enshrine checks and balances as a means of limiting the power of the state against individuals. Recently, the Western Australian Parliament passed legislation specifically naming and targeting an individual and organisation, in relation to particular matters in dispute. Effectively, the legislation rendered court proceedings pointless, because it effectively ordered courts not to review or quash government decisions or to provide a remedy in the event it found a law had been breached. The High Court validated the measure. This article argues there were good arguments in favour of the law being held invalid. The decision to validate such measures also imperils the rule of law