Giving Chapter III Back its Constitutional Mojo? – Lessons from State Courts and beyond

The High Court’s approach to Chapter III of the Commonwealth Constitution has, since the case of Boilermakers’, frequently been the subject of criticism. This paper explores whether there might be scope to revisit this ‘over-constitutionalised’ approach using some recent decisions, including TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia, as an exemplar for the analysis.