Speaking generally, in the context of the judicial power of the Commonwealth, the separation of judicial power from other government functions has been described as advancing "two constitutional objectives: the guarantee of liberty and, to that end, the independence of Ch III judges"47. It has sometimes been said these developments "constitutionalise" principles of common law predating the Constitution.
One of the most easily recognisable aspects of these developments is the emergence and development of the Kable principle. Chapter III of the Constitution assumes that there are both Commonwealth and State sources of judicial power. In Kable