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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
Understanding the limitations of parliament
Answer
Parliament, as the supreme law-making body, often faces limitations due to its nature and the political pressures that elected officials encounter. They may be reluctant to make controversial laws, such as those surrounding same-sex marriage, out of fear of backlash or losing support from constituents.
Step 2
The role of courts in overcoming limitations
Answer
Courts can address limitations by interpreting existing laws and adjudicating disputes that arise under those laws. For example, courts may rule on cases that challenge the legality of certain laws, thus indirectly compelling parliament to reconsider or amend legislation.
Step 3
The relationship between courts and parliament
Answer
It is essential to recognize that courts do not exist in a vacuum; they operate within the framework established by parliament. While courts can interpret and apply laws, their role is supplementary to that of parliament, and they cannot create laws independently.
Step 4
Precedent and its significance
Answer
Courts are also bound by the principle of precedent, meaning they must follow previous rulings when similar cases arise. This binding nature can sometimes limit the courts' ability to make sweeping changes, as they depend on the specifics of past cases.
Step 5
Conclusion
Answer
In conclusion, while courts possess certain capabilities to overcome parliamentary limitations, such as interpreting laws and engaging in judicial review, their powers are ultimately constrained. Courts cannot enact laws and are dependent on cases brought before them, which may not address all the gaps left by parliament.