Chapter 12.8

Question 1

interconnected role of parliament and the courts

Answer 1

Courts and parliaments have an interconnected role in law making. They must work together so that the law is flexible and can be applied to any situation that might arise. Parliament is the supreme law making body, but courts have a complementary role to parliament in making laws. The court’s role is to resolve disputes and in doing so, it is sometimes necessary for judges to interpret statutes made by parliament and develop law where none exists.

Question 2

the four main features of the relationship between courts and parliament are

Answer 2

• The supremacy of parliament
• The ability of courts to influence parliament
• The codification of common law
• The abrogation of common law

Question 3

the supremecy of parliament

Answer 3

whilst both the courts and parliament are able to make law, they are not equal law making bodies, parliament is the supreme law making body and can overide any other laws

Question 4

the supremacy of parliament therefore means that

Answer 4

in the event that a peice of legislation conflicts with a common law principle then law made by parliament will prevail and will abrogate the common law

Question 5

the ability of courts to influence parliament

Answer 5

in the process of hearing and deciding cases, judges may make statements that reflect their feelings on a law and its application this therefore can have a substantial impact on parliament and can draw attention to a certain area of law that needs to be changes. as well as this courts can influence parliament when a court is bound by a precedent that results in a injustice

Question 6

the codification of common law

Answer 6

parliament can create legislation which incorporates common law principles that is it can confirm and codify the common law by passing legislation thereby reinforcing the principle established by the courts

Question 7

codify

Answer 7

to collect all law on one topic together into a single statute

Question 8

the abrogation of common law

Answer 8

parliament is also able to abrogate common law principles. the power of parliament means that it has the power to overide common law through the passage of legislation

Question 9

what is the result of an abrogation

Answer 9

the result of an abrogation of common law by parliaments is that the common law is no longer effect in the courts and the precedents is overruled by parliament. it cannot however overrule high court interpretations