Is the Judiciary part of the process to change the Constitution?
The High Court of Australia and other federal courts do not have any role in changing the Australian Constitution. The role of the Judiciary is to interpret laws made by Parliament and judge if laws are consistent – valid – with the Constitution.
It is the Australian people who decide if the Constitution should be changed. The Australian Parliament puts forward a proposed change in the form of a bill – proposed law – and then Australians vote on the change in a referendum. The Australian Electoral Commission (AEC) is responsible for running referendums.
The High Court of Australia
DPS Auspic
The High Court of Australia
DPS Auspic
Description
The High Court of Australia in session in the High Court building in Canberra. The High Court interprets and applies Australian law and decides cases about national issues, including challenges related to the Australian Constitution.
In the courtroom, the 7 High Court Justices sit along a large semi-circular desk atop a small raise at the end of the room. The Justices preside over High Court proceedings, interpret laws and decide major legal cases.
In front, facing them, is another curved desk. Here, 18 barristers are sitting, most are wearing robes and wigs. A barrister is a type of lawyer who speaks on behalf of people or organisations in the courtroom. They present arguments and answer questions posed by the Justices.
Permission should be sought from DPS AUSPIC for third-party or commercial uses of this image. To contact DPS AUSPIC email: auspic@aph.gov.au or phone: 02 6277 3342.