JUDICIARY Flashcards
What does the judiciary do?
The primary role of the judiciary is to make legally binding decisions to resolve disputes about the law. The decisions of the judiciary are the law.
Therefore, court decisions can……create new laws and alter the meaning of existing law.
What is the Adversarial system
The belief that justice is best achieved through a battle of words between two adversaries.
Key roles of the court
ensure fairness
find the truth
apply the law to resolve legal disputes
What is common law?
Judge made law. It is made in court by judges when deciding cases which give rise to the need for new decisions or precedents.
Why is common law good?
it is evident that common law evolves over time on a case by case basis. saves time as creating laws through legislature is time-consuming
Why is judiciary bad?
Australia is does have full separation of power as the judiciary has the ability to create law
