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Unit 3 AoS 3 Revision

Unit 3 AoS 3 Revision. DP 5: Strengths and weaknesses of law making through the courts DP 6: The relationship between parliament and the courts in law making. What is an evaluation?.

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Unit 3 AoS 3 Revision

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  1. Unit 3 AoS 3 Revision DP 5: Strengths and weaknesses of law making through the courts DP 6: The relationship between parliament and the courts in law making

  2. What is an evaluation? An evaluation of an issue involves considering the advantages or strengths of an issue as well as the disadvantages or weaknesses of the issue and a conclusion or judgment about the issue.

  3. Question Critically evaluate two strengths of courts as a law-makers. 6 marks.

  4. Answer

  5. Question Parliament is said to have many strengths as a law-making body. Identify and critically examine two of those strengths. 6 marks. VCAA 2007.

  6. Exam question Explain the process of law-making by the courts. In your answer, include an evaluation of two strengths and two weaknesses of this process. 10 marks (VCAA, 2004).

  7. Can you… Explain the strengths of law making through the courts? Explain the weaknesses of law-making through the courts?

  8. DP6: Relationship between parliament and courts in law making Parliament is a better law-maker than courts and should become our sole law-making body.’ Critically evaluate this statement, indicating the extent to which you agree with this view. 10 marks.

  9. Relationship between parliament and the courts Parliament passes legislation to create the structure and jurisdiction of courts. Explain and give and example. Courts apply and interpret legislation created by parliament and subordinate authorities. Explain. Parliament can change (override or abrogate) laws created by courts. Explain and give an example. Parliament can codify laws made by courts. Explain. Statements made by the courts can influence parliament. Explain.

  10. Supreme law making body What is meant by the statement ‘parliament is a supreme law making body’?

  11. Question Explain, using examples, the relationships that exist between parliament and courts in law-making.

  12. Possible answer The main relationship includes: Parliament passes legislation to create courts and to determine their jurisdiction. Courts apply and interpret legislation created by parliament and subordinate authorities when hearing cases. Eg: Deingv. Tarola. Parliament can change laws created by courts, by passing legislation that abrogates the common law principles established in a case. Parliament can codify laws made by courts. Parliament may be influenced to pass legislation in response to comments made by judges on an issue when deciding a case. 1 mark for each of the five relationships.

  13. Question Parliament and courts work together to create our body of laws. Discuss, with the use of at least one example. 8 marks.

  14. Answer See handout.

  15. Can you… Explain the strengths of law making through the courts? Explain the weaknesses of law-making through the courts? Explain the strengths of law-making through parliament? Explain the weaknesses of law-making through parliament? Explain the relationship between parliament and the courts in law-making?

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