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There have been many challenges to section 109 of the Constitution including both the Franklin Dam and the Seas and submerged Lands Cases.
Speaking on the history of the High Court, Irvin cites Deakin as he comments on the establishment of the High Court when he says, “The High Court will henceforth be...the guardian of the Constitution.” (Irvin, 2003, p.3). Examining the quote from Deakin while he spoke on the purpose of the High Court, an inference could be drawn that it was the intended role of the High Court to be a master of the constitution.
Aroney further supports this role when he says, “The High Court, through the exercise of judicial review of legislation, is the guardian of our constitution...
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