Judicial Conservatism and Judicial Activism (VCE SSCE Legal Studies): Flashcards

Narrow interpretation of law, avoiding major changes

Considering social/political factors when interpreting law

Parliament - elected reps with democratic mandate

Overturned terra nullius, established native title rights

'Empty land' - false principle Australia belonged to no one

Legal recognition of First Nations' land ownership rights

First Nations Australians cannot be deported as aliens

Maintains stability and predictability in the law

Restricts courts' ability to make major law reforms

Recognises rights, protects minority interests