Australian Constitution

1956

R v Kirby; Ex parte Boilermakers' Society of Australia

High Court of Australia(1956) 94 CLR 254

Key Principle

Established the strict separation of judicial power doctrine under Chapter III of the Constitution, preventing federal courts from exercising non-judicial power and non-judicial bodies from exercising judicial power

The Boilermakers' Case established the strict separation of judicial power under Chapter III of the Constitution, holding that federal courts could only exercise judicial power and that judicial power could only be vested in Chapter III courts. The decision invalidated the Commonwealth Court of Conciliation and Arbitration's combination of judicial and arbitral functions, requiring the creation of separate judicial and administrative tribunals.

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