Griffith court High Court of Australia

sir isaac isaacs, justice 1906 , chief justice 1930–1931

as first high court, court under chief justice sir samuel griffith had establish position new court of appeal whole of australia , had develop new body of principle interpreting constitution of australia , federal legislation. griffith himself dominant influence on court in years, after appointment of sir isaac isaacs , h. b. higgins in 1906, , death of foundation justice richard o connor, griffith s influence began decline.

the court keen establish position @ top of australian court hierarchy. in deakin v webb (1904) griffith criticised supreme court of victoria following privy council decision constitution of canada, rather following high court s own decision on australian constitution.

in australian constitutional law, decisions of court influenced united states constitutional law. in case of d emden v pedder (1904), involved application of tasmanian stamp duty federal official s salary, court adopted doctrine of implied immunity of instrumentalities had been established in united states supreme court case of mcculloch v. maryland (1803). doctrine established attempt federal government interfere legislative or executive power of australian states invalid, , vice versa. accompanying doctrine doctrine of reserved state powers, based on principle powers of australian parliament should interpreted narrowly, avoid intruding on areas of power traditionally exercised state parliaments. concept developed in such cases peterswald v bartley (1904), r v barger (1908) , union label case (1908).

together 2 doctrines helped smooth transition federal system of government , preserving balance between constituent elements of australian federation, conformed community sentiment, @ stage no means adjusted exercise of central power. court had conservative view of constitution, taking narrow interpretations of section 116 (which guarantees religious freedom) , section 117 (which prevents discrimination on basis of s state of origin), interpretations last 1980s.

two of original judges of court, griffith , sir edmund barton, consulted governors-general, including on exercise of reserve powers. practice of consultation has continued time time since.