What was the consitutional issue in Brandy V HREOC, what did the court decide? What broader implications does it have?

The case Brandy V Human Rights and Equal probability mission challenges the constitutional validity of the scheme for the utilisement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination symbolize 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter terce of the Constitution, and therefore was not able to exercise judicial situation of commonwealth and enforce any subsequent decisions.

The Constitution is divided into separate chapters traffic separately with the parliament, executive and the Judicature. The nice doctrine of separation of male monarchs prescribes that the functions of the ternion arms of government be clearly and institutionally confused . It is important to note that Australia does not have a pure separation of provide because we inherited the British Westminster tradition. For example, Chapter I legislative parliament and Chapter II executive are seemingly ii independent arms of Constitution, but in practice, this distinction surrounded by the executive and legislature is blurred, such that the Commonwealth Ministers are concurrently members of the executive and the legislature, as it is required by s 64 of the Commonwealth Constitution. However, there is a rigid separation of power in Judicature as described by Chapter III of the Constitution, this characteristic is evident in Brandy V HREOC.



The decision do by High Court invalidated the enforcement mechanism for decisions of HREOC on the grounds that it infringed the doctrine of separation of powers. This is also evident in the Boilermakers case3 whereby the High Court argued the relevant legislation was impermissible under the separation of judicial power principle.

The High Court determines the radical issue as the judges seeks to define judicial power. Though the nature and scope of federal judicial power was not exhaustively defined, but High Court reason only...

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