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May 22, 2024, 08:50:34 pm

Author Topic: How would you answer this extended response?  (Read 666 times)  Share 

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traciet

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How would you answer this extended response?
« on: November 08, 2010, 06:02:53 pm »
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First topic on the 2010 Insight practice exam...
‘Courts have an important role to play in law-making in our legal system, and should continue to do so. However, there also exist a number of relationships between courts and parliament in the law-making process.’ Discuss, indicating the extent to which you agree with the statement.
Thanks :)

Spreadbury

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Re: How would you answer this extended response?
« Reply #1 on: November 08, 2010, 06:33:57 pm »
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Start by stating the relationship between parliament and the courts; e.g. parliament creates court, courts interpret legislation, parliament may incorporate common law principles etc.

I would also include how the courts make law through the doctrine of precedent, and the circumstances (and limitations) of this, include an example, such as the Donoghue v. Stevenson Case.

Compare common law to parliament who are not subject to such limitations, but explain the strengths of it over parliamentary legislation.

If you like you could expand on the codification of common law in parliamentary legislation, again include an example (e.g. the Mabo Case)

Finish by summing up your points with a final evaluation of its strengths and primary weaknesses. Here I would do a final assessment of "and should continue to do so"
Bachelor of Laws, Deakin

traciet

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Re: How would you answer this extended response?
« Reply #2 on: November 09, 2010, 07:15:57 pm »
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Oh wow, thank you! :) Wasn't too sure how to divide my answer up, that was very helpful.
I have a feeling we'll get an extended response on parliament and the courts tomorrow, am planning some out now to be safe.