The Trigwell Case Mr and Mrs Trigwell were injured when a vehicle collided with their car after hitting two sheep They sued the driver of the other car and the owner of the sheep for damages ID: 413190
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Slide1
The relationship between parliament and the courtsSlide2Slide3
The Trigwell Case
Mr and Mrs
Trigwell
were injured when a vehicle collided with their car after hitting two sheep. They sued the driver of the other car and the owner of the sheep for damages.
The High Court decided to follow the old common law that the landowner did not owe a duty of care for their stock straying off from their land and onto the highway. This followed an old common law principle inherited from Britain that allowed animals to roam free.Slide4
The Trigwell
Case
Justice Mason said
:
even though there have been changes in conditions and circumstances, there are powerful reasons for the court to be reluctant to engage in changing the rule; such law-making should be left to parliament.
The Victorian Parliament decided to follow the suggestion made by Justice Mason. It passed the
Wrongs (Animals Straying on Highways) Act 1984 (Vic.)
that abolished the common-law immunity and made owners of land liable for damage negligently caused by their animals straying on highways.Slide5
Parliament is the SUPREME LAW MAKING AUTHORITY answerable only to the people.
Parliament can pass laws to OVERRIDE the common law made by the courts
Whereas
The courts can only declare legislation
ultra vires
when it exceeds the law-making authority set out in the Constitution.Slide6
Parliament passes legislation to create the structure and jurisdiction of courts
Through the passage of legislation, parliament
establishes
courts, and their structures, jurisdictions and procedures.
(
eg
: the Magistrates’ Court Act 1989 (Vic.))Also, parliament can pass legislation to alter the courts (incl their jurisdictions and processes)Slide7
2. Courts apply and interpret legislation created by parliament
Courts must apply the case before them to any relevant legislation made by parliament. This can sometimes involve statutory interpretation.
The impact of statutory interpretation is that the legislation and the precedent created by the court’s interpretation Slide8
3. Parliament can change laws created by courts
Courts make laws via precedent and statutory interpretation. The supremacy of parliament means that it can override or abrogate any court made law through the passage of legislation
eg
The
Trigwell
CaseSlide9
4. Parliament can codify laws made by courts
Parliament can pass law that incorporates common law principles; this process is known as codification– making common law into statutes or codes, and thus strengthening the law.
Eg
The
Mabo
CaseSlide10
5. Statements made by the courts can influence parliament
In the process of hearing and deciding cases, judges may make statements that reflect their feelings on a law or its application. This may signify to parliament that there is a need to change the law
eg
: the
Trigwell
Case