In this series we bring you perspectives from law librarians in different countries on simple legal questions. We hope to give you insights into jurisdictions which may be less well-known to you and, who knows, to spark new ideas for research or teaching! Our heartfelt thanks to contributors from the IALL community and beyond. If you have ideas for topics we could cover or would like to contribute to the series, please get in touch with the blog editor, Rebecca Bergstrøm
The High Court of Australia
By Robin Gardner, Court Librarian, High Court of Australia
About the Court
The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution, and first sat in 1903. The High Court interprets and apply the law of Australia. It decides cases of special federal significance including challenges to the constitutional validity of laws. It also hears appeals, by special leave, from Federal, State and Territory courts. In 1986, appeals from the High Court to the Judicial Committee of the Privy Council in London were abolished, and the High Court became Australia’s final court of appeal.
The High Court of Australia is in Canberra, the capital city of Australia.
Link to the Court website https://www.hcourt.gov.au/
Decisions of the High Court of Australia
The Court’s reported and unreported decisions are available online in both subscription and open access databases.
Authorised Reports
Judgments from 1903 onward are published in the authorised Commonwealth Law Reports. These are available online.
Subscription
1903 onward in Thomson Reuters databases such as Westlaw AU
Free online
vols 1-100 (1903-1959): on the High Court website; and in JADE (open access Australian legal database)
vols 1-85 (1903-1952) on AustLII (open access Australian legal database)
Unreported Judgments
Judgments from 1903 onwards are freely available online:
- 1903 onwards on AustLII
- 1959 onwards on JADE
- 2000 onwards on the High Court website (and an incomplete collection of cases from 1906 to 2002)
Translations into other languages
The Court’s decisions are issued and available in English only. They are not translated into any other languages.
The Supreme court of Philippines
By Jeremy F. Flores, Senior Executive Assistant, Office of the General Counsel and Legal Services, Bangko Sentral ng Pilipinas
As the country’s highest court, the Supreme Court of the Philippines has the exclusive power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission of the law, the integrated bar and legal assistance to the underprivileged.[1] It is composed of a Chief Justice and fourteen Associate Justices, who may sit en banc or, in its discretion, in divisions of three, five, or seven Members.[2] The members shall be appointed by the President and are required to have proven competence, integrity, probity and independence.[3]
The judicial power vested in the Supreme Court (SC) and in such lower courts under the law includes the duty to settle actual controversies involving rights that are legally demandable and enforceable and to determine if any branch or instrumentality of government has acted with grave abuse of discretion amounting to lack of excess of jurisdiction.[4] It exercises original jurisdiction over cases affecting ambassadors, other public ministers and consuls and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.[5] On the other hand, the SC has appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments and orders of the lower courts in all cases (i) questioning constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation; (ii) involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; (iii) involving the jurisdiction of any lower court in issue; (iv) imposing penalties such as reclusion perpetua or higher, and; (v) involving only an error or question of law.[6] Further, it has administrative supervision over all courts and court personnel through the Office of the Court Administrator.[7]
In the exercise of its judicial and rule-making powers as well as original and appellate jurisdiction, the Supreme Court issues and promulgates various decisions and resolutions, procedural rules, memorandum orders, administrative circulars, administrative matters and administrative orders, etc. with the SC E-Library having the complete compilation of the sources of law, statutes and jurisprudence. All these decisions, resolutions, laws, and rules are written in English and can be accessed and downloaded for reference.
[1] Philippine Constitution, Art. VIII, Sec. 5(5).
[2] Philippine Constitution, Art. VIII, Sec. 4.
[3] Philippine Constitution, Art. VIII, Sec. 7(3).
[4] Philippine Constitution, Art. VIII, Sec. 1.
[5] Philippine Constitution, Art. VIII, Sec. 5(1).
[6] Philippine Constitution, Art. VIII, Sec. 5(2).
[7] Philippine Constitution, Art. VIII, Sec. 6.
This Blog contains entries by members of the International Association of Law Libraries on issues germane to the Association’s areas of focus. Views expressed in an individual entry only represent the views of the author, and not those of the International Association of Law Libraries or the author’s employer.