lesson 14 Flashcards
(5 cards)
Statutory Interpretation
Parliament: Makes laws and legislation.
Courts: Interpret laws, clarify meaning, and change the scope of words to explain the law
Codification of Common Law
Courts: Create legal principles through rulings (common law).
Parliament: Absorbs these rulings into legislation, making them official and permanent, not just precedent.
Abrogation of Common Law
Courts: Make rulings that establish precedents.
Parliament: Disagrees with the court’s decision and changes laws to prevent the precedent from applying.
Judicial Influence on Parliament
Courts: Judges may comment on the need for legal changes in their rulings.
Parliament: Can act on these suggestions to change or update laws or ignore them.
4 accepted relationships between parliaments and courts
- statutory interpretation
- codification of common law
- abrogation of common law
- ability of courts to influence on parliament