VCE Stuff > VCE Legal Studies

Difficulties in gaining access to the law

<< < (7/9) > >>

brendan:
well i would say that it is a deficiency of vce legal and that there is much authoritative disdain for the idea that judges make law most notably Sir Owen Dixon and the current Chief Justice Murray Gleeson. but if you had to say that judges actually make law, you could say that whilst they might make law, theyought not to, because they are stepping out of the designated role.

costargh:
That is actually one of the statements that you are required to respond to.
For example.
"Courts should have no place in the law making process"
Evaluate the strengths and weaknesses of law making by courts.To what extend do you agree or disagree with this statement?

Still though. You must highlight the fact that courts do make law. Regardless of your personal view on the matter.

brendan:

--- Quote from: "costargh" ---That is actually one of the statements that you are required to respond to.
For example.
"Courts should have no place in the law making process"
Evaluate the strengths and weaknesses of law making by courts.To what extend do you agree or disagree with this statement?

Still though. You must highlight the fact that courts do make law. Regardless of your personal view on the matter.
--- End quote ---


I mean you can if you want to, but i do not think that the statement "Evaluate the strengths and weaknesses of law making by courts." assumes that the Australian courts currently make law. It is simply asking you to evaluate a normative proposition, not a positive one. If it is ever said that courts "make law", my position is that it ought not to be said in a tone of approval. It is definitely not something that judges ought to be proud of. When they are sworn in, judges promise to do "justice according to the law" - not according to their own idiosyncratic values.

costargh:
The key term 'Evaluate' actually suggests that courts make law because how can evaluate something if it doesn't happen.

Seriously now this is becoming a joke. This is VCE legal studies. You have to understand that. I respect that you're studying law but legal studies isn't law. We have to know certain things and we are required to discuss them. Just because it is either through your opinion or your learning that courts do not make law is irrelevant to VCE legal studies.

Accept that that is what we have to know and if you have a problem with that I suggest contacting VCAA to discuss possible recomendations for change for when the study design is re accredited.

costargh:
Extract from VCE study design
ie. WHAT WE ARE REQUIRED TO KNOW.

Key knowledge

This knowledge includes
? the operation of the doctrine of precedent and the ability of judges to make law;
? statutory interpretation and the reasons for the interpretation of statutes;
? the effect of interpretation by judges;
? the strengths and weaknesses of law-making through the courts;
? the relationship between the courts and Parliament in law-making.


Like goosefraba said
If courts did not in some way make law there would not be multiple chapters in our text book dedicated to it.

Navigation

[0] Message Index

[#] Next page

[*] Previous page