Legal Studies, Unit 4 AOS 2 (R/Ship between Court & Parliament in LAW MAKING)

Question 1

Supremacy of Parliament

Answer 1

Parliament is the supreme law-maker so is responsible for making laws and may override law made by courts (or other parliaments)

Courts have the power to interpret the law made by parliament but cannot ignore or change their laws

Question 2

Ability of Court to influence the Parliament

Answer 2

Courts may use their obiter dictum to strongly suggest parliament reforms an area of law -> may criticise an existing law they want changed.

Parliament may be influenced to abrogate or codify common law or legislate alongside the common law.

Question 3

Statutory Interpretation

Answer 3

Courts can narrow or widen the scope of what legislation may cover through its interpretation

Question 4

Codification (Codify) of Common Law

Answer 4

When parliament creates legislation about an existing legal principle

If parliament decides a precedent has established effective and desirable law, they may choose to turn these into an act (the legislation within it will then be law)

Question 5

Abrogation (Abrogate) of Common Law

Answer 5

When an existing common law is officially cancelled in some way (overridden or abolished);

• Happens when community protests the application of precedent & may demand a change.
• Governing party may not believe the precedent reflects the values they think the community should have