VCE Stuff > VCE Legal Studies
Difficulties in gaining access to the law
brendan:
Evaluations of proposals that have not been implemented happen all the time. Particularly now considering during the Federal election, where commentators are evaluating the proposals of the political parties.
A proposal does necessarily need to be implemented for one to evaluate it.
--- Quote from: "costargh" ---
If courts did not in some way make law there would not be multiple chapters in our text book dedicated to it.
--- End quote ---
Secondly, i think you guys are confusing two things
(1) the positive proposition that the courts do make law
(2) the normative proposition that the courts ought to make law.
They are two different things. The question that you posed to me, i think was looking at (2) not (1). I do not believe the question was asking students to debate (1), the question as i read it is asking students to evaluate (2).
costargh:
I am responding to this
--- Quote from: "brendan" --- 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.
--- End quote ---
Here you are saying that the question is not assuming that courts do make law. Ie. You are saying courts dont make law.
That is what I am arguing
They DO make law.
As for your last post... of course you dont have to agree that law making through courts is good. ALL i am saying is that you have to ackknowledge that they do make law... well to make you happy I will say... in the Vce study design.
brendan:
(a) "Evaluate the strengths and weaknesses of law making by courts."
(b) courts make law
I made the statement that: (a) does not imply or logically necessitate (b), though (b) might very well be true.
That statement that I made above does not logically necessitate that i made a claim to the effect that (b) is false.
azhtey:
I agree with costargh - courts do make law, it doesn't matter that they do it to a much lesser extent and in a different manner to parliament. At the end of the day we must abide by their decisions until it is overruled or parliament abrogates it etc.....
enwiabe:
--- Quote from: "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.
--- End quote ---
Oh! So that's where "Owen Dixon" chambers comes from. I always wondered where the name came from. :P
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