The Relationship Between Parliament and the Courts (VCE SSCE Legal Studies): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Parliament's role in law-making
Parliament's role in law-making
Supreme law-making body
Abrogate (legal term)
Abrogate (legal term)
Cancel/abolish court decisions or common law
Exception to parliament's supremacy
Exception to parliament's supremacy
Cannot override High Court constitutional decisions
Codification definition
Codification definition
Collect all law on one topic into single statute
Obiter dicta
Obiter dicta
Judicial comments 'by the way', not essential to decision
How courts influence parliament
How courts influence parliament
Indirectly via comments, decisions, and public outcry
Jurisdictional power
Jurisdictional power
Court's power to hear certain types of cases
Terra nullius
Terra nullius
'Empty land' - now-overruled principle re: Australia
Judicial activism
Judicial activism
Courts willing to develop/change law to reflect values
Main limit on court's influence on parliament
Main limit on court's influence on parliament
Can only comment when case brought before them
