NSW Can the Federal Circuit Court Deal with Constitutional Issues?

Discussion in 'Employment Law Forum' started by Taco Cat, 17 November 2019.

  1. Taco Cat

    Taco Cat Well-Known Member

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    In an employment matter, if a question of significant constitutional interpretation arose in the Federal Circuit Court with a single judge, does the judge have jurisdiction to make orders on the matter? The constitutional question would relate to whether a law impermissibly burdens the implied right to political freedom.

    If the Judge believed the particular law did indeed impermissibly burden the implied freedom, could the judge ignore that law in making a judgement?
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi,
    I would say no they cannot deal with such issues, mainly the High Court only can. They may remit the matter to the High Court. The other issue is does the single judge of the FCC have or think he has any expertise to decide such issues, jurisdiction which is doubtful, aside.
     
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  3. Taco Cat

    Taco Cat Well-Known Member

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    Thank you.
     
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