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Either A member of parliament recently declared that parliament has no weaknesses and should be the only law-maker in Australia - VCE - SSCE Legal Studies - Question 11 - 2010 - Paper 1
Question 11
Either A member of parliament recently declared that parliament has no weaknesses and should be the only law-maker in Australia. Critically evaluate parliament as ... show full transcript
Worked Solution & Example Answer:Either A member of parliament recently declared that parliament has no weaknesses and should be the only law-maker in Australia - VCE - SSCE Legal Studies - Question 11 - 2010 - Paper 1
Step 1
Critically evaluate parliament as a law-maker. In your answer describe one aspect of the relationship between parliament and courts in law-making.
Answer
Parliament serves as the primary law-making body in Australia, providing a mechanism for the creation and amendment of laws. One critical aspect of the relationship between parliament and the courts is the role of the judiciary in interpreting legislation. When parliament enacts laws, it does so with language that may be subject to various interpretations. Courts, when tasked with applying these laws, are responsible for clarifying and interpreting the intentions of parliament.
For instance, if parliament passes a law but fails to specify certain terms or conditions, courts can interpret these ambiguities, leading to legal precedents that may influence future legislative changes. This interaction ensures that laws remain relevant and are applied fairly in light of changing societal norms. However, it also highlights a weakness in parliament’s ability to create exhaustive laws without the courts’ foundational role in interpretation, which can lead to inconsistencies and unpredictability in the legal system.
Step 2
Critically evaluate the use of the adversary system of trial. In your answer describe one possible improvement to the adversary system.
Answer
The adversary system of trial is foundational to the legal processes in Victoria, emphasizing the role of parties in presenting their case, often leading to a balanced trial. However, one key criticism of this system is that it heavily relies on the resources available to each party, potentially disadvantaging those with less financial means.
One possible improvement to enhance the adversary system would be to increase judicial involvement in proceedings. This could help in ensuring that both parties are treated fairly and that the court can actively facilitate the presentation of evidence, which could prevent instances where one party’s case is significantly disadvantaged due to a lack of resources.
By adopting a more inquisitorial approach, where judges play a more active role in questioning witnesses and investigating facts, the system may better ensure that justice is served, rather than merely favoring the party with the most resources.