The Relationship Between Parliament and the Courts (VCE SSCE Legal Studies): Flashcards

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The Relationship Between Parliament and the Courts
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Parliament's role in law-making

Supreme law-making body

Abrogate (legal term)

Cancel/abolish court decisions or common law

Exception to parliament's supremacy

Cannot override High Court constitutional decisions

Codification definition

Collect all law on one topic into single statute

Obiter dicta

Judicial comments 'by the way', not essential to decision

How courts influence parliament

Indirectly via comments, decisions, and public outcry

Jurisdictional power

Court's power to hear certain types of cases

Terra nullius

'Empty land' - now-overruled principle re: Australia

Judicial activism

Courts willing to develop/change law to reflect values

Main limit on court's influence on parliament

Can only comment when case brought before them

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