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The High Court of Australia rules against a Federal Minister’s decision to deport a child - HSC - SSCE Legal Studies - Question 20 - 2022 - Paper 1
Question 20
The High Court of Australia rules against a Federal Minister’s decision to deport a child. The court decides that this would be against Australia’s obligations under... show full transcript
Worked Solution & Example Answer:The High Court of Australia rules against a Federal Minister’s decision to deport a child - HSC - SSCE Legal Studies - Question 20 - 2022 - Paper 1
Step 1
Which legal concept is demonstrated in this scenario?
Answer
In this case, the legal concept demonstrated is Separation of powers.
Explanation
The High Court of Australia, as a judicial body, is exercising its authority to interpret the law and rule against the Federal Minister's decision. This reflects the principle of separation of powers, where the judiciary operates independently from the executive branch of government, ensuring that decisions made by the executive are in line with legal and constitutional obligations.
The decision emphasizes the judiciary's role in upholding the law, particularly concerning international obligations, reinforcing the checks and balances that are fundamental to a democratic system.