Hey! What are all the things we need to talk about when asked to discuss the ability of courts as lawmakers?
Is effectiveness the same as ability? If so then you'd have to talk about the various strengths and weaknesses of courts such as
- Courts can change the law quickly, but are only able to make laws if a case is brought to them by a person with standing.
-Judges are not elected, therefore they are not subject to political pressures; However, this may mean that judges do not necessarily represent the views and values of the people.
-Courts make laws ex post facto
-Precedents create predictability and certainty in lawmaking through courts but sometimes courts may have to follow outdated precedents.
-Courts can interpret the words of an act of parliament, to provide a more just result; However, courts cannot change the wording of statute
And of course in much more detail depending on the type of question, number of marks etc. In my SAC there was a question that said 'critically evaluate the effectiveness of courts as lawmakers' and was worth 8 marks. We were required to discuss the strengths and weaknesses in detail. (I dont know if effectiveness and ability are the same thing 0_o)