The case Brandy V Human Rights and Equal Opportunity Commission challenges the constitutional validity of the scheme for the enforcement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter III of the Constitution, and therefore was not able to exercise judicial power of commonwealth and enforce any subsequent decisions. The …
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…Law Teachers Associations Catriona Cook et al, Laying Down the law (6th edition, 2002) LLB100 Supplementary Reading, University of Wollongong Imtiaz Omar, "Darkness On the Edge of Town: The High Court And Human Rights in the Brandy case" (1995) 2 Australia Journal of Human Rights Patrick Gunnings, "Chapter III courts: Evolution of Australia's Federal Judiciary" (1995) 6 Public Law Review Alison Gooly, 'modern framework after Brandy', (University of Wollongong, 1997) http://www.hreoc.gov.au/racial_discrimination/guide_law/landmark.html