section 474

Student Name

Year of Study

Course Name and Code

Semester

University

Tutor

Date of Submission

1 ) In what ways does the operation of the privative clause under s 474 effect the relationship between the executive and judicial arms of government

The privative clause under section 474 is one that to a certain extent contradicts section 75 hence the need for interpretation to guarantee that the words in section 474 do not meanings of the words in this law are not taken literally . The reason for this is

that while clause 479 declares that a private clause decision is final , conclusive and not to be challenged in any court under any circumstances , section 75 confers that the High Court has original jurisdiction and that it may hear any case in which prohibition , injunction or writ of Mandamus is sought against a commonwealth officer . Other matters affecting the state members and which cannot be solved by lower courts also fall under the jurisdiction of the High Court . This is an indication that section 474 seems to oust jurisdiction that is conferred to the High Court under section 75 which the state through the parliament has no power to do With such conflicting laws , this shows that the executive can affect the independence of the High Court . This means that if the High Court on the other hand invalidates section 474 and instead acts in its jurisdiction under section 75 it would be going against the executive . However , the rule of law is...