The Forum > General Discussion > Pell's Acquittal
Pell's Acquittal
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From the federal government web site :
« The High Court is the highest court in the Australian judicial system. Its functions are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts » :
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An exercise in Socrates “elenthos”( an argumentative dialogue of questions and answers to stimulate critical thinking) :
Should we have confidence in the Australian High Court and respect its decisions ?
A priori, yes.
But it seems that all the lower courts, without exception, are capable of committing errors and omissions. What about the High Court ? Is it capable of committing errors and omissions too, or is it infallible ?
A priori, no, it is not infallible. It is capable of committing errors and omissions too.
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Conclusion :
The High Court does not replace the Constitution as the governing law. Just as a referee or umpire can make a bad call, so the Justices of the High Court can make a bad ruling.
The High Court is not infallible. When it violates or misinterprets the Constitution or makes a bad ruling, the response should be public disagreement and insistence on correction, not passive acceptance out of blind faith in its authority.
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