Strengths Of Law Making Through The Courts Flashcards
Precedents create certainty, consistency and predictability
Like cases are decided in a like manner by looking back at previous cases
Courts can change the law quickly
Courts can make a quick decision to resolve a dispute and create precedents to be followed in the future
Courts are not subject to political influence when making a decision
Judges are appointed, rather then elected, so they are not subject to political pressure much like members of parliament
Courts are able to fill gaps in legislation
The courts can fill the gaps left by parliament which is essential because new situations are always arising
Courts can develop areas of law
Courts can make new laws to cover a situation that was not previously covered by statutes
Courts can give meaning to an act of parliament
Courts can interpret the words in an Act to give meaning to fit with the current situation
Courts can keep the law from becoming too rigid and provide flexibility in the law making process
The courts can change the law when it has become outdated if it is brought towards them