SkillBuilder discussion Evaluating democratic institutions and systems 1. Which lawmaking body (parliament or courts) do you think is more important? Give reasons for your answer. 2. Why do parliament and the courts need to work together? 3. How do you think courts can influence parliament to change the law?
FIGURE2 There are four parts to the relationship between parliament and the courts.
Statutory interpretation
Influencing parliament to change the law
Working together
Codifying common law
Abrogating common law
18.5.2 Statutory interpretation Laws made by parliament (see lesson 18.3) are often written in general terms, so that they can apply to a variety of different situations. This means that the intention of parliament may not be clear when a court is trying to apply the statute to a case that has come before it. This process, where the judge must decide the meaning of the words in an Act of Parliament, is referred to as statutory interpretation . Refer to FIGURE 1 in lesson 18.4. A judge might have to determine whether a person with a hockey stick in their car is guilty of having a regulated weapon. If the person is a hockey player, this might be considered a lawful excuse. 18.5.3 Codification of common law The law can become fragmented when courts are creating precedents. Parliament can bring together all the laws on a single topic into one Act of Parliament. This sometimes occurs when the courts have created a precedent, and parliament wants to combine this law with laws found in statutes, or clarify the law for future cases (see FIGURE3 ).
540 Jacaranda Humanities Alive 8 Victorian Curriculum Third Edition
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