federal jurisdiction, it must not be required to perform a function "incompatible" with the exercise of the judicial power of the Commonwealth. To that extent, the States are not free to legislate as they please with respect to their own courts. A requirement to order the "preventive detention" of someone who has not been charged with any criminal offence was found "incompatible" with the exercise of Federal judicial power. In this rather circuitous manner, the High Court has found a limited constitutional guarantee of due process. See also Australian Constitution Constitutional history of Australia Separation of powers in Australia Federalism in Australia Referendums in Australia Section 51 of the Australian Constitution – federal heads of power Trade and Commerce Power; Corporations Power; External Affairs Power Section 109 of the Australian Constitution – inconsistency between state and federal laws References Bibliography Tony Blackshield and George Williams, Australian Constitutional Law and Theory: Commentary and Materials (3rd ed., Federation Press, Annandale NSW, 2002) John Quick and Robert Garran, The Annotated Constitution of the Australian Commonwealth (LexisNexis Butterworths, Sydney, [1901] 2002) Leslie Zines, The High Court and the Constitution'' (4th ed., Butterworths, Sydney, 1997) Greg Craven, "Conversations with the Constitution" (1st ed, UNSW Press, Sydney, 2004) External links Full text of the Constitution from the Australian Attorney-General's Department