Chapter 12.5

Question 1

two broad judicial approaches that affect law making

Answer 1

• judicial conservatism
• judicial activism

Question 2

judicial conservatism

Answer 2

judicial conservatism is an approach to the application of judicial powers which involved judges preferring to follow precedents and the law and being reluctant to take part in law making. Judges who follow judicial conservatism are usually referred to as a conservative judge

Question 3

conservative judge in judicial conservation

Answer 3

a conservative judge would most likely follow a precedent even if they have the ability to set an alternative principle of common law. Conservative judges tend to perceive their role and an adjudicator rather than a law maker and generally prefer to leave law making to parliament.

Question 4

why does judicial conservatism reduce the ability of courts to make law

Answer 4

judicial conservatism reduce the ability of courts to mkae law as conservative judges feel inclined to adhere to previous laws and simply ten to be reluctant to undertake law making

Question 5

law reform

Answer 5

the process of constantly updating and changing the law so it remains relevant and effective

Question 6

parliamentary committee

Answer 6

a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party

Question 7

extrinsic material

Answer 7

material (information) that is not part of an act of parliament, but may assist a judge to interpret the meaning of the act

Question 8

judicial activism

Answer 8

judicial activism is an approach to the application of judicial power, which involved judges being willing to depart from previous precedents and create new laws. judges who take on the approach of judicial activism are referred to as activist judges

Question 9

activist judge in judicial activism

Answer 9

an activist judge would be more likely to override a precedent or alternatively distinguish the case before them from another so that they are able to create there own principle of law. activist judges tend to perceive their role as both and adjudicator and a law maker

Question 10

how does judicial activism increase the ability of courts to make law

Answer 10

judicial activism increases the ability of courts to make law as judges who prefer an activist approach are willing to set new principle of law and depart from previous laws.

Question 11

does judicial activism or judicial conservatism increase the ability of courts to make law

Answer 11

judicial activism increases the ability of courts to make law