U4 4.1.10 - Features of the relationship between courts and parliament in law-making Flashcards
How does codification of common law help develop law?
- it provides clarity for future cases
- judges have included current views and values in their decision, parliament listens and uses
What are the four features of the relationship between courts and parliament
- the supremacy of parliament
- the ability of courts to influence parliament
- codification of common law
- abrogation of common law
What is the supremacy of parliament?
Parliament is the supreme law making body, with the ability to make and change any law in its constitutional power.
-parliament can override any law made by another body
How does the supremacy of parliament help develop law?
- parliament represents the views of people, so should the laws they make
- parliaments develop legislation and courts apply it
How does the ability of courts to influence parliament help develop law?
- court feedback can help develop laws that more clearly reflect parliaments intention
-courts apply law to everyday situations, and allows parliament to see their law in action
How does the supremacy of parliament limit the development of law?
- parliament may avoid controversial issues for fear of voter backlash
- parliament is responsible for court jurisdiction, so the judiciary can be manipulated (doesnt apply to High Court)
What is the ability of courts to influence parliament?
Courts can give ‘feedback’ to parliament about the relevance and application of laws
- parliament makes laws for the future, they can be broad to attempt to cover a range of situations
- through statutory interpretation, judges can highlight parts of the law that needs clarification
What is codification of common law?
When parliament agrees with the legal principle established by a judge
- incorporates common law into legislation
- parliament confirms the common law
How does the ability of courts to influence parliament limit the development of law?
- parliament needs to listen to feedback from courts and judges
- courts can’t be influential if they don’t have the right cases infront of them (requirement for standing, cost, time)
How does codification of common law limit the development of law?
- legislation still needs to consider the future, it can’t possibly cover all future situations
- can create instability if law is constantly changed
What is abrogation of common law?
when parliament disagrees with a legal principle established by a judge
- parliament creates law to override common law (not law made by High court)
How does abrogation of common law help develop law?
- ensures laws are interpreted the way parliament intended
- provides clarification for legislation
How does abrogation of common law? limit the development of law?
-court made laws may be more reflective of views and values of the community
-difficult for parliament to abrogate every precedent it disagrees with
