The supervisory jurisdiction of the Supreme Courts

In according constitutional protection to the supervisory jurisdiction of the State Supreme Courts, the High Court in Kirk's case brought Australian law into line with Canadian constitutional law, a step which had been foreshadowed over some years. The basis on which the outcome is justified has implications for approaches to constitutional interpretation more generally. The possible consequences for the interpretation of privative clauses in State legislation are also noted. The limit of legislative intervention is defined by the concept of jurisdictional error. This new-found constitutional role breathes life into a concept long since abandoned in English administrative law and lacking clear boundaries. The courts will need to develop clearer guidelines, based on a functional approach, allowing for differing levels of scrutiny, depending on the nature of the administrative or judicial decision under review. Account should also be taken of changing social, governmental and legal environments.