U4 AOS2: Relationship between the court and parliament Flashcards
The supremacy of parliament
Refers to parliament being the supreme law making body. This means that it is the highest law making authority. However it cannot override decisions made by the High court or constitutional matters
Ability of courts to influence parliament
Courts can indirectly influence parliament to make or change law. Decisions made by a court may highlight a problem or cause public uproar. Parliament can be influenced to change the law if a court is bound by previous precedent and makes a decision that creates an injustice.
Example: one punch attacks and sentencing
Judicial activism can also influence the decisions of parliament.
The interpretation of statues by courts
Courts must apply the statutes to the cases that are brought before them. Courts may also need to interpret the meaning of secondary legislation.
Secondary legislation is rules and regulations made by secondary authorities who are given the power to do so by the parliament. High Court has a particularly important role in statutory interpretation – it alone can interpret the meaning of the words and phrases of the Constitution.
The codification of common law
The parliament can make law that confirms a precedent set by the courts. This is referred to as codification of common law.
Example: codification of principles established in the Mabo case.
The abrogation of common law
Parliament has the power to pass legislation that overrides (abrogates) decisions made through the courts, with the exception of High Court decisions on constitutional matters.
Example: abrogation of jury directions in a criminal trial in relation to majority and unanimous verdicts
The five features of the relationship between courts and parliament in law–making
- the supremacy of parliament
- the ability of courts to influence parliament
- the interpretation of statutes by courts
- the (codification) of common law
- the abrogation of common law.
