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Questions and Answers
What does the supremacy of parliament mean in the context of law-making?
What does the supremacy of parliament mean in the context of law-making?
How can courts influence parliament in law-making?
How can courts influence parliament in law-making?
What does codification of common law involve?
What does codification of common law involve?
When can parliament abrogate common law decisions?
When can parliament abrogate common law decisions?
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What role does the High Court play in relation to the Australian Constitution?
What role does the High Court play in relation to the Australian Constitution?
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How might judicial conservatism influence parliament in law reform?
How might judicial conservatism influence parliament in law reform?
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What typically prompts parliament to respond with legislation?
What typically prompts parliament to respond with legislation?
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What is a likely outcome of the courts interpreting statutes narrowly?
What is a likely outcome of the courts interpreting statutes narrowly?
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Study Notes
Supremacy of Parliament
- Parliament's supremacy means its laws take precedence over common law, ensuring statutory laws override court decisions.
- Courts do not have the authority to veto or countermand parliamentary legislation.
- There is no equal authority between courts and parliament in law-making; parliamentary decisions are final.
Ability of Courts to Influence Parliament
- Courts can influence law-making through legal reasoning, specifically ratio decidendi (the legal principle) and obiter dicta (additional remarks) in judicial decisions.
- Judicial interpretations can guide future legislative changes and prompt parliamentary reviews of laws.
- Courts do not have the power to issue binding directives to parliament or veto legislative proposals.
Codification of Common Law
- Codification involves systematically writing common law principles into statutory law to provide clarity and accessibility.
- This process does not replace common law; it organizes and clarifies existing legal principles.
- Common law principles are not updated annually; codification happens through formal legislative processes.
Abrogation of Common Law
- Parliament can abrogate common law when principles are deemed outdated or misinterpreted, enhancing legal relevance.
- There is no requirement for High Court consent for parliament to amend or abrogate common law.
- Abrogation is possible across various legal domains, not limited to criminal law.
High Court's Role
- The High Court plays a crucial role in interpreting the Australian Constitution, which can reshape parliamentary law-making powers.
- Its interpretations affect the balance between legislative authority and constitutional boundaries.
- The High Court does not operate independently to create laws; it provides interpretations that guide parliamentary legislation.
Judicial Conservatism
- Judicial conservatism may lead to parliament maintaining traditional legal principles, potentially stalling progressive reforms.
- It does not grant the judiciary exclusive power over law reform; legislative changes still require parliamentary action.
- This approach can restrict the courts' openness to interpret statutes liberally.
Legislative Response to Public Outcry
- Public outcry regarding social issues often prompts parliamentary action to address perceived injustices through new legislation.
- Responsive legislation reflects societal values and concerns, driven by public awareness rather than judicial intervention.
- Lobbying by legal scholars is one method of influencing legislative discussions but public sentiment is a more powerful motivator.
Critique of Abrogation Power
- A major criticism of parliament's abrogation authority is that it may threaten judicial independence and the certainty of legal precedents.
- Frequent changes to common law can lead to instability in the legal system, complicating long-standing judicial practices.
- Proponents argue that parliamentary oversight ensures democratic accountability in the law-making process.
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Description
This quiz explores the concept of parliamentary supremacy, highlighting how its laws take precedence over common law. It also examines the role of courts in influencing parliament through legal reasoning, specifically ratio decidendi. Test your understanding of these important legal principles!
