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New legislation proposes mandatory sentencing - HSC - SSCE Legal Studies - Question 20 - 2070 - Paper 1
Question 20
New legislation proposes mandatory sentencing. A judge comments that the proposed legislation challenges judicial discretion. The judge is able to make these commen... show full transcript
Worked Solution & Example Answer:New legislation proposes mandatory sentencing - HSC - SSCE Legal Studies - Question 20 - 2070 - Paper 1
Step 1
Which legal principle allows the judge to challenge legislation?
Answer
The judge's comments regarding the challenges to judicial discretion under the proposed mandatory sentencing law reflect the principle of Separation of Powers. This doctrine ensures that the legislative, executive, and judicial branches of government remain distinct and do not overreach their powers. Mandatory sentencing may infringe upon a judge's ability to exercise discretion in individual cases, highlighting the potential conflict between the new legislation and the judiciary's role.