What Was the Constitutional Issue in Brandy V HREOC, what did the Court Decide? What Broader Implications Does It Have?
The case Brandy V Human Rights and Equal Opportunity Commission challenges the constitutional validity of the scheme for the enforcement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter III of the Constitution, and therefore was not able to exercise judicial power of commonwealth and enforce any subsequent decisions.
The Constitution is divided into separate chapters dealing separately with the parliament, executive and the Judicature. The "pure" doctrine of separation of powers prescribes that the functions of the three arms of government be clearly and institutionally separated . …
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