Final answer:
The High Court of Australia ensures that the laws comply with constitutional principles through judicial review. It interprets the Constitution and can declare laws invalid if they violate the Constitution, acting as a check on Parliament. The High Court does not draft legislation or amend the Constitution but assures adherence to constitutional limits.
Step-by-step explanation:
The High Court of Australia plays a critical role in ensuring that the laws made by the Parliament comply with the constitutional framework of the country. When interpreting the Constitution, the High Court has the authority to act as a check on the legislative power of Parliament through its power of judicial review. This means that the High Court can declare legislation invalid if it violates constitutional principles. The process enforces a separation of powers by ensuring that neither Parliament nor the Executive can make laws that exceed their constitutional limits.
In Marbury v. Madison, the concept of judicial review was established, which is fundamental to the operation of American courts as well. While the American Supreme Court does not directly amend the constitution, it interprets its provisions and can set precedent. This serves as a check not only to conform to written law but also to embody the enduring principles and intents of the Constitution over time.
The High Court does not draft new legislation or provide legal advice to Parliament; its function is to interpret existing laws and, if necessary, provide rulings that inform how legislation should be amended by Parliament to comply with constitutional requirements.