SAC QUESTION HELP

[JQN]

I'm doing an essay SAC and this confused me a little bit, it requires a discussion (as in for or against) about the effectiveness of the relationship between the courts and parliament. I need to include
- The relationship between the courts and parliament x 4 = 4 marks
- One mark to indicate the quality of the discussion = 1 mark

Any opinions about what main points I need to make in order to gain the full marks for this area?

[JCurmi]

Relationships between the courts and parliament:
- Parliament can codify or abrogate any law made by the courts.
- The courts can state that Parliament's law is ultra vires (above their jurisdiction) and thus deem it as invalid.
- Parliament has established all of the courts, bar the High Court which was created by the Commonwealth Constitution. Furthermore, Parliament can pass laws to change the jurisdiction and structure of the courts.
- The courts interpret legislation made by Parliament.

Just a few examples, hope this helps

[JQN]

Ohh thank you! and do you know how I can make a discussion, like an argument for and against the effectiveness of their relationship?

[JCurmi]

I'm not sure what you mean sorry! I would perhaps discuss that the relationship is somewhat one sided. With parliament having more of an influence over the courts than the courts having over parliament?

[meganrobyn]

I would really query the wording of that question. You can absolutely evaluate the effectiveness of their operation, but the ways in which they interact are not value judgments - they just *are*. Relationship and effectiveness in the one question: absolutely. Effectiveness *of* the relationship: never been asked before and, to my mind, not really logical.

Perhaps approach it instead with whether or not you think it's good that they interact in those ways...? (Although even that could be a bit nonsensical - eg is it good that parliament established the courts...? Duh!)

[JCurmi]

I would really query the wording of that question. You can absolutely evaluate the effectiveness of their operation, but the ways in which they interact are not value judgments - they just *are*. Relationship and effectiveness in the one question: absolutely. Effectiveness *of* the relationship: never been asked before and, to my mind, not really logical.

Perhaps approach it instead with whether or not you think it's good that they interact in those ways...? (Although even that could be a bit nonsensical - eg is it good that parliament established the courts...? Duh!)

I agree! Fair enough if the task was to explain, research or explore the relationship of Parliament and the Courts, but it's quite unreasonable to ask for an evaluation of the effectiveness.