14.6 Factors that Affect the Ability of the Courts to make Law - Judicial Activism

Question 1

What is judicial activism?

Answer 1

the willingness of judges to consider a range of social and political factors, including community views and values and the rights of the people when interpreting the law and making decisions.

Question 2

What are way that judicial activsim assists in the ability fo courts to make law?

Answer 2

• allows judges to broadly interpret statutes in a way that recognises the rights of the people
• allows judges to consider a range of social and political factors
• allows judges to be more creative when making decisions and making significant legal change

Question 3

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

Answer 3

• can lead to more appeals on quesiton of law
• can lead to courts making more radical changes in the law that may not reflect the community’s values

Question 4

What is an example of judicial activism?

Answer 4

The Mabo Case - Mabo v Queensland (No. 2) (1992) 175 CLR 1

Mabo was a example of judicial activism as the High Court ruled in favour of Murray Islanders to possession of the land in June 1992, overruling terra nullius