LESSON 18.5 What is the relationship between parliament and courts in lawmaking?
LEARNING INTENTION By the end of this lesson you should be able to explain the relationship between parliament and the courts in lawmaking.
Tune in Brainstorm a list of ways in which parliament and courts might work together.
FIGURE1 Neither the parliament nor the courts could operate effectively without the other.
18.5.1
How do parliament and the courts work together?
There are three sources of law in Australia: • statute law, made by parliament • secondary legislation, made by bodies to whom parliament has delegated lawmaking power – statutory authorities – government departments – local councils • common law, made by the courts. Some of our laws are made by the federal government and others by state governments. It is important that all our lawmaking bodies work cooperatively. The relationship ( FIGURE2 ) between parliament and the courts is sometimes complex and the two bodies need to work together to ensure that the legal system operates effectively. Parliament makes the laws, creates the courts and sets their jurisdiction. The courts, on the other hand, need to apply these laws to the cases that come before them and make sure the laws are enforceable and just. As parliament was elected to make laws, it is the supreme lawmaking body. This means it has more power in lawmaking than courts.
TOPIC18 Laws and citizens 539
Made with FlippingBook interactive PDF creator