The fact that the High Court has a much more powerful in recent times is not a matter easing of strict conservative traditions; it is to do with the added power granted the High Court with the removal of appellate jurisdiction to the Privy Council in 1975. .
With the powers given to the High Court outlined in the Constitution, the High Court has expanded the powers of the Commonwealth. A decision in the High Court that favours the Federal government is seen as a win for Canberra at the expense of the States. Conversely, a win for a State government is seen as a victory for the Federal balance. When decisions are made articulating new common law principles the decision is analysed in terms of its impact upon all Australians. These powers are that the High Court has decided upon is a reason that many people question the role and decisions of the High Court.
The appointment of new High Court Justices can be controversial. The Justices of the High Court have become seen as powerful political figures. Upon each appointment to the Court of a new Justice there is detailed analysis of the likely political and judicial direction of the Court. Their attitude on the Federal/State relationship and on whether their legal philosophy will be activist or legalist is very contentious. Especially the appointment of ex-politicians, which in the past included the appointment of Lionel Murphy, in 1975, who had been a Federal Attorney-General. Murphy was considered a maverick and his tenure ended in controversy. No ex-politicians have been appointed since. This speculation on the appointment of Justices was most recently seen with the appointment of Justice Dyson Heydon. This was also embroiled in controversy after the retiring High Court Justice Mary Gaudron after 16 years on the bench as the first and only female High Court Justice. Her replacement is more at the center of contention because of the seven Justices five are from New South Wales and all are males, which hardly reflects the gender or geographic composition of the nation.
