Parliament is the supreme law-making body, and courts have a complementary role to parliament in making laws. Courts can make laws through the doctrine of precedent and through statutory interpretation when determining cases. In this area of study students investigate factors that affect the ability of parliament and courts to make law. They examine the relationship between parliament and courts in law-making and consider the capacity of both institutions to respond to the need for law reform. In exploring the influences on law reform, students draw on examples of individuals and the media, as well as examples from the past four years of law reform bodies recommending legislative change.
Outcome 2
On completion of this unit the student should be able to discuss the factors that affect the ability of parliament and courts to make law, evaluate the ability of these law-makers to respond to the need for law reform, and analyse how individuals, the media and law reform bodies can influence a change in the law.
To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 2.
Key Knowledge
Parliament and courts
Outcome 2
On completion of this unit the student should be able to discuss the factors that affect the ability of parliament and courts to make law, evaluate the ability of these law-makers to respond to the need for law reform, and analyse how individuals, the media and law reform bodies can influence a change in the law.
To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 2.
Key Knowledge
Parliament and courts
- factors that affect the ability of parliament to make law, including:
- the roles of the houses of parliament
- the representative nature of parliament
- political pressures
- restrictions on the law-making powers of parliament
- the roles of the Victorian courts and the High Court in law-making
- the reasons for, and effects of, statutory interpretation
- factors that affect the ability of courts to make law, including:
- the doctrine of precedent
- judicial conservatism
- judicial activism
- costs and time in bringing a case to court
- the requirement for standing
- features of the relationship between courts and parliament in law-making, including:
- the supremacy of parliament
- the ability of courts to influence parliament
- the interpretation of statutes by courts
- the codification of common law
- the abrogation of common law
- reasons for law reform
- the ability and means by which individuals can influence law reform including through petitions, demonstrations and the use of the courts
- the role of the media, including social media, in law reform
- the role of the Victorian Law Reform Commission and its ability to influence law reform
- one recent example of the Victorian Law Reform Commission recommending law reform
- the role of one parliamentary committee or one Royal Commission, and its ability to influence law reform
- one recent example of a recommendation for law reform by one parliamentary committee or one Royal Commission
- the ability of parliament and the courts to respond to the need for law reform.
- define and use legal terminology
- discuss, interpret and analyse legal principles and information
- discuss the factors that affect the ability of parliament and courts to make laws
- analyse the features of the relationship between parliament and courts
- explain the reasons for law reform, using examples
- analyse the influence of the media, including social media, in law reform, using examples
- discuss the means by which individuals can influence law reform, using examples
- evaluate the ability of law reform bodies to influence a change in the law, using recent examples
- evaluate the ability of parliament and the courts to respond to the need for law reform
- synthesise and apply legal principles to actual scenarios.
Practice SACs
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Practice SAC Feedback |
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practice_sac_-_suggested_answers.pptx | |
File Size: | 4062 kb |
File Type: | pptx |