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'Following criticisms of judicial decisions, a law has been passed that will allow members of parliament to hear and determine court disputes.' Would this law be valid? Justify your answer. - VCE - SSCE Legal Studies - Question 3 - 2017 - Paper 1
Question 3
'Following criticisms of judicial decisions, a law has been passed that will allow members of parliament to hear and determine court disputes.' Would this law be v... show full transcript
Worked Solution & Example Answer:'Following criticisms of judicial decisions, a law has been passed that will allow members of parliament to hear and determine court disputes.' Would this law be valid? Justify your answer. - VCE - SSCE Legal Studies - Question 3 - 2017 - Paper 1
Step 1
Would this law be valid?
Answer
This law would not be valid. It is unconstitutional because it infringes upon the principle of the separation of powers in a democratic system. The judiciary must remain independent and separate from the legislative branch to ensure fair and impartial adjudication of disputes.
Step 2
Justify your answer.
Answer
The separation of powers is a foundational principle in governance which maintains that the legislative, executive, and judicial branches of government perform distinct functions. Allowing members of parliament—who are part of the legislative branch—to hear and determine court disputes would create a conflict of interest and reduce the judiciary's ability to function independently. Furthermore, it undermines the constitutional protection that ensures judges operate without influence from the legislative branch. As such, the law's intent to permit parliamentarians to decide court disputes is not only flawed but also runs counter to the constitutional framework, rendering it invalid.