3.3.6 The Relationship between Courts and Parliament in law-making

Question 1

Statutory Interpretation:

Answer 1

Refers to the judges interpretation of the meaning of the words of the statute to resolve disputes.

Question 2

Ultra vires:

Answer 2

Refers to when the courts declare legislation ‘ultra vires’ or void, if it is outside Parliament’s law-making powers.

Question 3

Codification:

Answer 3

Parliament can legislate to codify an area of common law; this means Parliament confirms courts’ decisions.

Question 4

Codification Example:

Answer 4

The Mabo Case

Question 5

Mabo Case:

Answer 5

The High Court changed the common law of ‘terra nullius’ which mean Australia was set as an empty land, as Aborigines has territorial right to Australia. Thus Parliament passed the Native Title Act 1993 to prove recognition of native title and codify the High Court’s decision.

Question 6

Abrogation:

Answer 6

Parliament can override a particular common law rule it disagrees with by enacting legislation.

Question 7

Abrogation exmaple:

Answer 7

Trigwell Case 1979

Question 8

Trigwell Case:

Answer 8

The court held that farmers were not responsible for the damage done by their animals that strayed onto the road. Thus Parliament abrogated the decision and passed the Wrongs (Animals Straying on Highways) Act 1984