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
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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