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Either a. 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. A member of parliament recently declared that parliament has no weaknesses and should be the only law-maker in Australia. Critically evaluate parliament a... show full transcript
Worked Solution & Example Answer:Either a. 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. Describe one aspect of the relationship between parliament and courts in law-making.
Answer
The relationship between parliament and courts is vital in the law-making process. One significant aspect is how courts interpret legislation enacted by parliament.
When parliament passes a law, it provides a framework that the courts must apply in specific cases. However, the courts have the authority to interpret these laws, which can lead to varying applications based on judicial reasoning. For example, judicial interpretation can clarify the intent behind ambiguous provisions in legislation, influencing how laws are enforced and understood.
This dynamic between parliament and courts ensures that the law evolves with society's needs, as courts adapt legislation to real-world contexts, sometimes leading to significant legal precedents that further shape the law. Ultimately, while parliament is the primary law-making entity, the courts play a critical role in interpreting and applying these laws, presenting both strengths and weaknesses in the legal framework.
Step 2
Critically evaluate the use of the adversary system of trial. Describe one possible improvement to the adversary system.
Answer
The adversary system of trial has several strengths, including providing a structured platform for fair representation and allowing both parties to present their cases fully. However, it also has weaknesses, such as being overly reliant on the parties' ability to gather evidence and present it effectively.
One possible improvement to the adversary system would be to increase judicial involvement in proceedings. This could involve judges taking a more active role in managing the trial process, such as encouraging the exchange of evidence before trial and facilitating pre-trial procedures. Increased judicial oversight could help ensure that trials focus on the substantive issues at hand rather than procedural technicalities, ultimately leading to a more equitable process and a greater pursuit of truth in legal outcomes.