14.5 Factors that Affect the Ability of the Courts to make Law - Judicial Conservatism

Question 1

What is judicial conservatism?

Answer 1

the idea that the courts should show restraint or caution when making decisions and rulings that could lead to significant changes to the law.

Question 2

What are ways judicial conservatism assists the courts to make law?

Answer 2

• helps maintain stability
• lessens the possiblity of appeals on a question of law
• allows the parliament to make more significant and controversial changes in the law

Question 3

What are ways judicial conservatism limtis the ability of the courts to make law?

Answer 3

• restricts the ability of the courts to make major and controversial changes in the law
• can discourage judges from considering a range of social and political factors when making law
• may be seen as not progessive enough

Question 4

What is an example of judicial conservatism?

Answer 4

Australia’s first female Chief Justice of the High Court Re v Gallagher (2018)

Dual British citizen was nominated for Senate, but was disqualified as the Australian Constitution stated a member of the Federal Parliament cannot be of a foreign country