Robert G. McCloskey argues that for the judicial branch to be constitutionally complete it must establish in "theory and practice" the doctrines of: judicial independence, judicial review and judicial sovereignty.

Judicial independence is well established through English law practices and hasn't been an issue in Australia. However, one draft of the Australian Constitution by Samuel Griffiths placed the judicial under the power of the legislative, rather than being independent. That unwise relationship was removed at the next constitutional convention.

Judicial review is the doctrine whereby the High Court has the power to "refuse to enforce" an unconstitutional law. This leads to the doctrine of judicial sovereignty where a "law may be held unconstitutional if the Court thinks it is, even though the case may not be plain" and the Court's decision is binding on the other branches of government.

There are other issues surrounding these especially in constitutionally based liberal democracies and republican systems. The presence of a constitution means the government is based under the doctrine of "limited government' and has competing components of 'fundamental law' and 'popular sovereignty'. (more)