 The four judges then went on to decide that the jurisdiction involved an exercise of judicial power , mentioning an earlier decision of Justice Isaacs , in which he had taken a functional approach , and determined that some functions , when conferred upon a legislative or executive body , can involve the exercise of non @-@ judicial power , but the same functions when conferred on a judicial body involve the exercise of judicial power . The four judges found that the powers conferred on the court , to take evidence and compel witnesses and such , when vested in a judicial body such as the court , involved the exercise of judicial power . As such , the jurisdiction did not offend the separation of powers . 
