ATAR Notes: Forum

VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: sheyma53 on May 18, 2014, 08:22:16 pm

Title: is court made law effective?
Post by: sheyma53 on May 18, 2014, 08:22:16 pm
I know the strengths and weakness, but I need to evaluate if it is effective and I'm finding a hard time to go into depth, thanks for your help :)
Title: Re: is court made law effective?
Post by: 90ATAR on May 19, 2014, 03:40:14 pm
Talk about the judges ability to make law.

*Appropriate case must come before the courts to make/change law
*Superior court of record can only set precedent
*Parliament can abrogate precedent
*If legislation or precedent exists that is binding, Court judges must follow even if they don't agree

Then talk about strengths and weaknesses. For the evaluation, you can pretty much go either way but it is easier saying they ARE effective as law makers when you recap after doing a few strengths and weaknesses with a however in the middle.