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Evaluation of the courts as  law-makers Evaluation of the courts as  law-makers

Evaluation of the courts as law-makers - PowerPoint Presentation

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Uploaded On 2015-11-19

Evaluation of the courts as law-makers - PPT Presentation

The main role of the courts is to resolve disputes Precedent develops as judges reach decisions in the disputes heard by the courts and laws are made as a result In this sense lawmaking is a byproduct of the dispute resolution procedures undertaken by the courts ID: 198903

law courts making parliament courts law parliament making precedent abrogated ridden factoprecedent disputes post develop laws weaknesses

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Slide1

Evaluation of the courts as law-makers

The main role of the courts is to resolve disputes. Precedent develops as judges reach decisions in the disputes heard by the courts, and laws are made as a result. In this sense, law-making is a by-product of the dispute resolution procedures undertaken by the courtsSlide2

Courts can make laws

quickly

when relevant cases are brought before themCourts are able to develop and clarify the law, and fill in the gaps left by parliament.The doctrine of precedent ensures consistencyCourts help to maintain flexibility (RODD)Courts can interpret words to apply to modern situationsJudges are independent from parliament and governmentJudges are experienced professionalsThe appeals process allows for a system of review

StrengthsSlide3

Courts must wait

for an appropriate test case to come before it

Changes in law can be slow to develop in the courtsAccess to precedent is limited as it hard to locate and understand (time consuming and costly)Courts may be bound by old precedentJudges can be conservativeJudges are unelected and not necessarily representativeCourts have to rely on their own resources when investigating the need to change the lawLaw-making in the courts is only ever ex post factoPrecedent can be

over-ridden and abrogated

by parliament.

WeaknessesSlide4

Law-making in the courts is only

ever

ex post factoPrecedent can be over-ridden and abrogated by parliament.Weaknesses