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‘Parliament is a very effective law-maker - VCE - SSCE Legal Studies - Question 13 - 2006 - Paper 1
Question 13
‘Parliament is a very effective law-maker. There are no significant weaknesses in the way parliament carries out this role.’ Discuss this statement and indicate the ... show full transcript
Worked Solution & Example Answer:‘Parliament is a very effective law-maker - VCE - SSCE Legal Studies - Question 13 - 2006 - Paper 1
Step 1
‘Parliament is a very effective law-maker. There are no significant weaknesses in the way parliament carries out this role.’
Answer
To evaluate the effectiveness of Parliament as a law-maker, it is essential to examine its roles and the processes involved in legislation.
Arguments Supporting Effectiveness
- Broad Representation: Parliament represents diverse interests. Elected members are accountable to their constituents, ensuring that various voices are heard.
- Checks and Balances: The legislative process involves multiple readings and stages, where proposed laws are scrutinized effectively.
- Ability to Adapt: Parliament has the flexibility to amend existing laws, demonstrating responsiveness to changing societal needs.
Counterarguments (Weaknesses)
- Political Influence: Legislation can be subjected to party politics, where decisions may prioritize party lines over public interest.
- Public Engagement: Sometimes, the parliamentary process lacks public involvement, resulting in laws that do not reflect community needs.
- Delay in Legislation: The lengthy process can hinder timely law-making, particularly in urgent situations.
Conclusion
While Parliament exhibits strengths as a law-maker, it also faces significant challenges. Therefore, I believe there are notable weaknesses in its operations, which could be addressed to enhance its effectiveness.
Step 2
‘Our adversary system of trial works very well. It cannot be improved.’
Answer
The adversary system of trial is characterized by two opposing parties presenting their case before an impartial judge or jury. Analyzing its efficacy provides insights into its strengths and limitations.
Arguments for Effectiveness
- Fairness and Objectivity: By allowing both sides to present their arguments, the system seeks to achieve a fair outcome.
- Legal Representation: This system ensures that individuals have the right to legal counsel, which helps in understanding the law and defending rights.
- Innocent Until Proven Guilty: The presumption of innocence protects defendants; they are not punished until proven guilty beyond a reasonable doubt.
Counterarguments (Improvements Needed)
- Accessibility Issues: Legal representation can be expensive, making it inaccessible for some individuals, affecting their ability to defend themselves.
- Potential for Inequality: Disparities in resources can lead to unequal representation, where wealthier defendants may secure better legal outcomes.
- Focus on Winning: The adversary system can prioritize winning over truth-seeking, potentially leading to the suppression of evidence or ethical breaches.
Conclusion
While the adversary system has merits, it also exhibits flaws that could be addressed to enhance fairness and access. Therefore, I contend that it can indeed be improved.