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New legislation proposes mandatory sentencing - HSC - SSCE Legal Studies - Question 20 - 2070 - Paper 1
Question 20
New legislation proposes mandatory sentencing. A judge comments that the proposed legislation challenges judicial discretion. The judge is able to make these commen... show full transcript
Worked Solution & Example Answer:New legislation proposes mandatory sentencing - HSC - SSCE Legal Studies - Question 20 - 2070 - Paper 1
Step 1
Separation of powers
Answer
The judge's comments regarding the mandatory sentencing legislation reflect the principle of separation of powers. This principle ensures that the judicial branch operates independently from the legislative branch, allowing judges to maintain their discretion in sentencing. The proposal for mandatory sentencing directly impinges upon this judicial discretion, highlighting the potential overreach of legislative authority into judicial functions.