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'The doctrine of precedent limits the role of the courts as law-makers - VCE - SSCE Legal Studies - Question 10 - 2008 - Paper 1
Question 10
'The doctrine of precedent limits the role of the courts as law-makers. However, the courts can still make significant changes to the law.' Evaluate the extent to wh... show full transcript
Worked Solution & Example Answer:'The doctrine of precedent limits the role of the courts as law-makers - VCE - SSCE Legal Studies - Question 10 - 2008 - Paper 1
Step 1
The courts can change a law quickly if a relevant case is brought before them
Answer
The doctrine of precedent provides courts with the ability to effectuate change when a new case arises that presents a situation not adequately covered by existing statutes. This flexibility allows courts to interpret laws in evolving contexts, thereby granting them a law-making role, as they can adjust legal principles toward contemporary needs.
Step 2
The doctrine of precedent allows for some flexibility
Answer
Courts can establish new interpretations of the law by distinguishing prior case outcomes. This adaptability illustrates the dynamic nature of law and acknowledges societal changes or new understandings of justice, ensuring that laws remain relevant.
Step 3
Step 4
Judicial decisions can be influenced by distinguishing, overruling, and reversing previous decisions
Answer
The doctrine permits courts to re-evaluate past decisions, allowing a higher court to overturn lower court rulings or to distinguish a case from prevailing jurisprudence, showcasing a proactive role in law evolution.
Step 5
The doctrine of precedent limits the possibility of prejudices or bias influencing judicial decisions
Answer
While precedent constrains courts, it simultaneously acts as a safeguard against arbitrary judgments. By adhering to established rulings, judges rely on universally applicable principles, promoting fairness and consistency in legal interpretations.
Step 6
The appeal process allows for the highest court, the High Court, to change the law as it is not bound by any precedent
Answer
Higher courts have the ultimate authority to establish or amend legal principles, providing a pathway for change. Their rulings can reinterpret existing laws or introduce new judicial guidelines, reinforcing the courts' capacity to adapt the legal framework.