6- Relationship Between Courts And Parliament

Question 1

List 3 relationships between the courts and parliament.

Answer 1

1. Courts interpret parliamentary acts
2. Parliament can abrogate court decisions
3. Parliament can codify court-made law

Question 2

Explain how courts can interpret parliamentary acts. Provide an example.

Answer 2

When the meaning of words in an Act is unclear, the courts can interpret the meaning and parliament’s intention of those words.

Eg: in the Brislan case, the words “other like services” were interpreted to include wireless sets.

Question 3

Explain how parliament can abrogate court decisions. Provide an example.

Answer 3

If the court makes a law that parliament disagrees with, parliament can abrogate/override the decision.

Eg: In the Trigwell case, the judge applied an old and outdated precedent, which parliament later changed by passing the Wrongs (Animals Straying on Highways) Act 1984.

Question 4

Explain how parliament can codify court-made law

Answer 4

Parliament has the ability to confirm common law in legislation. This legislation includes principles or precedent created in the common law.

Eg: As a result of the High Court Mabo case, ‘terra nullius’ was officially overruled in the Native Title Act 1993.