/
The Relationship The Relationship

The Relationship - PowerPoint Presentation

min-jolicoeur
min-jolicoeur . @min-jolicoeur
Follow
411 views
Uploaded On 2017-07-25

The Relationship - PPT Presentation

B etween C ourts and Parliament in LawMaking Parliament passes legislation to create the structure and jurisdiction of courts Statements made by the courts can influence parliament Parliament can codify laws made by courts ID: 572888

courts parliament created law parliament courts law created case legislation court laws act common apply jurisdiction change interpret examples statements codify structure

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "The Relationship" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

The Relationship

B

etween

C

ourts and Parliament in Law-MakingSlide2

Parliament passes legislation to create the structure and jurisdiction of courts

Statements made by the courts can influence parliament

Parliament can codify laws made by courts

Parliament can change laws created by courts

Courts apply and interpret legislation created by parliament

Relationshi

pSlide3

Parliament passes legislation to create the structure and jurisdiction of courts

The court system was created through Parliament. Parliament can:

Establish the court and its processes

Set out the jurisdiction of the courtsAlter the processes and jurisdiction

Examples:Supreme Court Act 1986 (Vic)Magistrates’ Court Act 1989 (Vic)Slide4

Courts apply and interpret legislation created by Parliament

Courts must apply cases to any relevant and existing legislation created by Parliament.

If the intention or the wording of an Act created by Parliament is unclear, courts may need to interpret it in order to apply it to the case correctly.

The reason given for the statutory interpretation forms a precedent.Slide5

Parliament can change laws created by courts

If Parliament doesn’t approve of any laws created by the courts through precedent or statutory interpretation, they can:

Pass an Act to override the common law

Abrogate common law – abolishExamples:

The Trigwell Case – animals straying onto highwaysRape in marriage caseSlide6

Parliament can codify laws made by courts

If Parliament agrees with law made by the courts, they can pass law that incorporates the common law. This process, known as codification, turns common law into legislation, therefore strengthening the law.

Example:

Mabo CaseSlide7

Statements made by the courts can influence parliament

Parliament may be influenced by court decisions or obiter dictums, as they reflect the judge’s feelings on a law and therefore may indicate a need to change the law.

Examples:

The Trigwell CaseEddie Mabo Case