Kable v DPP (NSW) | |
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Court | High Court of Australia |
Full case name | Kable v The Director of Public Prosecutions for New South Wales |
Decided | 12 September 1996 |
Citations | [1996] HCA 24, (1996) 189 CLR 51 |
Transcripts |
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Case history | |
Prior action | Kable v Director of Public Prosecutions (1995) 36 NSWLR 374 |
Subsequent actions | NSW v Kable [2013] HCA 26, (2013) 252 CLR 118 |
Court membership | |
Judges sitting | Brennan CJ, Dawson, Toohey, Gaudron, McHugh and Gummow JJ |
Case opinions | |
(4:2) The Community Protection Act 1994 was an invalid law because it vested the Supreme Court of New South Wales with powers incompatible with its role in the federal judicial structure (per Toohey, Gaudron, McHugh and Gummow JJ; Dawson J & Brennan CJ dissenting) |
Kable v DPP,[1] is a decision of the High Court of Australia. It is a significant case in Australian constitutional law.
The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role. It is particularly significant as one of the few restraints upon the otherwise plenary legislative powers of state parliaments in Australia, aside from those imposed by the Commonwealth through section 109.[a]
The Kable decision is controversial among legal scholars.[2][3]
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