In 1913 the number of judges appointed to the High Court was again increased to seven. During the Great Depression the workload of the High Court decreased so much that only five justices were needed. It wasn't until 1946 that the number of judges was once again increased to seven. The number of justic!.
es in the High Court has remained at seven ever since (High Court, date accessed 25 May 2001).
Even though the High Court is not a part of the government in many ways, the judicial power and therefore it's decisions are to be regarded as part of the totality of government institutions (Maddox 2000:257). This is because the High Courts judicial power comes under the doctrine of Separation of Powers. The High Court is the final court of appeal in Australia. This means that once the High Court rules on a case this decision cannot be changed or appealed any further. It decides on interpretations of common law, and adjudicates upon matter of dispute between the states and the commonwealth (Maddox 2000:257). Peter H Russell (2000:1) describes the High Court as being the main engine of constitutional change. The judges in the High Court make decisions on cases that, in their view, are in line with the Constitution. Those in favour of judicial restraint believe that the opinions of High Court judges should be non-biased and their rulings taken literally from the Constitution. Sir Owen Dixon, who was a chief justice of the High Court, believed in this theory. The people in favour of judicial restraint believe that judges are forming decisions based on their own personal and political experience. If this is true we must first look at how the High Court judges are chosen.
High Court Justices are appointed by the Governor-General in council on the recommendation of the Commonwealth Government following consultation with the states (Kukathas. C, Maley. W, McAllister. I & Lovell. D 1998:68).