AMC unconstitutional

AUSTRALIA – The High Court rules, in Lane v Morrison, that the recently established Australian Military Court is unconstitutional because Parliament had given the body attributes (namely, being a “court of record”) incompatible with the exercise of “judicial power” under Chapter III of the Constitution.

There was no dispute that the AMC statute did not comply with Chapter III. Rather, the primary issue was whether the AMC excercised the “judicial power of the Commonwealth” as opposed to merely “acting judicially”, as is permissible without adhering to Chapter III requirements. The Court found that because the AMC was established as a “court of record” and that it could find on questions of guilt and innocence, and – importantly – bind other courts with its determinations, that it did exercise the judicial power of the Commonwealth contrary to Chapter III.

See further Lane v Morrison [2009] HCA 29 (26 August 2009)