§-Quick questions
VICLegal StudiesUnit 3: Rights and justice
Quick questions on The role of parliament and courts in lawmaking: VCE Legal Studies
7short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is parliament?Show answer
The Commonwealth Parliament makes statute law under heads of power in the Constitution (principally s 51). The Victorian Parliament makes law under s 16 of the Constitution Act 1975 (Vic). Statute is the supreme source of law.
What is 1. Statutory interpretation?Show answer
Courts apply Acts to specific facts and, in doing so, interpret ambiguous or general statutory language. The Interpretation of Legislation Act 1984 (Vic) s 35 requires a purposive approach. Decided interpretations bind lower courts and create precedent.
What is 2. Common-law development?Show answer
Where parliament has not legislated, the common-law courts may develop the law incrementally. Examples: the tort of negligence in Donoghue v Stevenson [1932] AC 562 (UK), adopted in Australian common law; the recognition of native title in Mabo v Queensland (No 2) (1992) 175 CLR 1.
What are parliament strengths?Show answer
Democratic mandate; can address policy systematically; can change the law prospectively; can codify.
What are parliament limitations?Show answer
Slow process; can be politically driven; limited expertise in particular subject matter; cannot anticipate every fact pattern.
What are courts strengths?Show answer
Apply law to specific facts; develop law incrementally to reflect community values; not bound by election cycles.
What are courts limitations?Show answer
Wait for cases to come; bound by precedent (no power to legislate prospectively); limited democratic mandate; conservative by training.
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