role of high court and legislation and case law

Question 1

what is the role of the high court

Answer 1

to interpret the constitution and apply the laws, decide cases of special federal significance, including challenges to constitution validity and hears appeals from federal, state and territory courts

Question 2

why is judiciary a seperate branch

Answer 2

Each court has their own jurisdiction so courts must be able to act independently and without interference from the parliament when interpreting and applying laws in their respective jurisdictions

Question 3

what are the rules are used to help the judiciary to interpret the meaning and intent of an ACT

Answer 3

literal rules, purposive rules, and specific rules

Question 4

what are literal rules

Answer 4

the actual words used are given their ordinary meaning

Question 5

what are Purposive rules

Answer 5

Reading through the speeches from parliamentary debates to help provide an interpretation of meaning ro intent

Question 6

what are specfic rules

Answer 6

reading a particular section in the context of the entire Act to understand the true intent

Question 7

what is case law

Answer 7

where the legislation is absent in a matter the courts are able to decide a matter that results in a ‘law’. - Donoghue v Stevenson 1932 AC

Question 8

What is legislation

Answer 8

Legislation is made on the principles of the rule of law where it is made on fairly balanced individual rights of justice, to be transparent and interpretable by courts and judges, as well as being consistent and stable where the Australian society has clarity and confidence in the law, enforcements and decisions

Question 9

why do legislation and case law go hand in hand

Answer 9

When there is an absence in legislation the courts can use precedents which allows other courts to follow suit and soon the legislation can amend the law or expand its scope