Magna carta, common law values and the constitution



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27. The High Court's adjudication of the validity of Commonwealth and State legislation, and government action, often occurs in the original jurisdiction in matters specified in s 75 of the Constitution — s 75(v) being of particular importance.

That the federal compact involved express allocation of heads of legislative power and the separation of the arms of government inevitably established the same relationship between the judiciary and other arms of government as was explained in respect of the American Constitution in Marbury v Madison




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