Ability of Parliament and Court to implement law reform Flashcards
1
Q
Who has more ability to reform and adjust the law
A
Parliament is more able to respond to law reform as it is their primary role, however, the courts do have a role in reform
2
Q
ADV of the parliament in implementing law reform (3)
A
- It’s an elected law making body, meaning the parliament are representing the people and should be able to understand the views of the people
- Parliament has adequate resources and funding to investigate and get input on the change to ensure it is effective
- Parliament is the supreme law making body and can quickly change laws as well as abrogate court made law
3
Q
DISADV of the parliament in implementing law reform (3)
A
- Parliament’s can only change laws in areas where the have power. For example if the federal government want to change law in an area of residual power they cannot do so, same with the states regarding concurrent and exclusive powers
- Parliament may be slow in changing the law as they may fear the issue is serious and could cause a voter backlash as well as the extensive law making process.
- Parliament can abrogate common law that could be effective in order to gain political advantage.
4
Q
ADV of the courts to implement law reform (2)
A
- Courts have the ability to create law where there is none and interpret legislation that may be unclear.
- Courts are independent bodies that are separate from the legislative, which means that judges are more likely to make reforms that are not political and purely unbiased.
5
Q
DISADV of the courts to implement law reform (2)
A
- Judges can only reform law that is ex post facto meaning the case has to be brought before them
- Judges are not elected and thus will not be able to understand the views of society.