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Discuss the extent to which courts are able to overcome the limitations of parliament in making laws. - VCE - SSCE Legal Studies - Question 13 - 2015 - Paper 1
Question 13
Discuss the extent to which courts are able to overcome the limitations of parliament in making laws.
Worked Solution & Example Answer:Discuss the extent to which courts are able to overcome the limitations of parliament in making laws. - VCE - SSCE Legal Studies - Question 13 - 2015 - Paper 1
Step 1
Identify the limitations of parliament in making laws
Answer
Courts can identify that parliament, being an elected body, often has limitations due to political pressures and public opinion. For example, lawmakers might avoid controversial legislation, thus limiting the scope of legal reform. Additionally, parliament's legislative process can be slow, which limits its ability to react swiftly to emerging issues.
Step 2
Discuss how courts can overcome these limitations
Answer
Courts can address gaps in legislation through statutory interpretation and the development of common law. When there is a lack of clarity in a statute, courts often have the power to interpret its intentions, thereby ensuring justice is served. Furthermore, landmark cases can establish precedents that influence future law, effectively allowing courts to create legal principles in response to societal needs.
Step 3
Discuss the complementary role of courts and parliament
Answer
While courts can overcome certain limitations of parliament, their role is inherently complementary. Courts do not have the power to draft legislation, and their authority is bound by the laws made by parliament. Thus, when courts create new legal standards, they operate within the framework established by parliamentary law and are subject to its ultimate authority.
Step 4
Conclusion on the extent of court power
Answer
In conclusion, while courts have mechanisms to address the limitations of parliament, such as judicial review and case law development, their ability to act is confined within the legislative framework. Courts can significantly influence law-making, especially in interpreting existing statutes, but they cannot fully mitigate the limitations faced by parliament due to their differing functions.