 Parliament is our supreme law maker? 1

VCAA 2006 (Q13) UDIES/LEGALSTUDIES_ASSESSREP_06.PDF VCAA 2010 (Q11) UDIES/LEGALSTUDIES_ASSESSREP_10.PDF ‘Parliament is a very effective law-maker. There are no significant weaknesses in the way parliament carries out this role’ Discuss this statement and indicate the extent to which you agree or disagree with it. Justify your conclusions (10 Marks) A member of parliament recently declared that parliament has no weaknesses and should be the only law- maker in Australia. Critically Evaluate parliament as a law-maker. In your answer, describe one aspect of the relationship between parliament and the courts in law-making (10 Marks) 2

 The primary role of parliament is to make laws.  As a general rule, parliament makes laws in futuro (Laws made for the future with the future in mind) Keeps people informed  Parliament may not always be able to foresee future circumstances when drafting law. i.e., changes in technology, society expectations, unexpected events such as terrorists attacks.  The role of the courts is to interpret the law made by parliament and resolve cases that come before the courts. 3

 reflects current views and attitudes  well publicised and promoted  framed after investigation and community consultation  well drafted  resources available to implement new laws  able and willing to be enforced. 4

 law-making is its primary role  it is a democratically elected body  it has the techniques and resources to investigate problems  it can introduce wide-sweeping changes to the law  it can establish, staff and fund organisations to support the law  it has processes to ensure consultation and debate  it can delegate some powers to subordinate bodies like local councils, who might better judge local needs. 5

 Access to expert opinion Parliament can allocate resources to: Access current and relevant information/data from a variety of sources. Gain access to subject matter experts Form committees to conduct research Utilise law reform bodies such as VLRC Sentencing Advisory Council Parliamentary Law Reform Committee Law Institute of Victoria Community legal centres (FLS)  Consultation with the Public Process such as; Public Inquiries Parliamentary Committees Formal law reform bodies such as VLRC All have provisions for any member of the public to express their view of law reform. Informal methods such as Petitions, Protests can also force parliamentary notice to an issue hence provide a forum to be heard. 6

 Legislating on an entire topic Parliament is able to delegate aspects of its law making powers to delegated authorities such as Vic Roads. BUT Parliament has the power to legislate all traffic related matters applicable to Victoria. Being able to legislate an entire topic provides certainty, continuality and comprehensiveness of an issue at hand  Responsive and Flexible Society views and expectations can change for a variety of reasons. Unexpected and/or events of high public interest can and do occur at any given time. Brodies Law Dangerous Dog Legislation Floods Parliament is expected to respond to events as they occur. Due to this, Parliament must be responsive to society requirements and, good of the nation/state events. As such legislation may be required to be implemented/changed. 7

 In Futuro To cover future events Allows society to be informed of forthcoming legislation Provides opportunity for awareness campaigns and education. Tries to alleviate, IGNORANCE IS NO EXCUSE 8

 difficulties with interpretation of legislation  difficulty keeping the laws up to date  division of power between Commonwealth and states  pressure groups can have undue influence  most legislation is a compromise  legislation can encroach on civil liberties  volume and complexity make it difficult to find the law  problems with delegating legislation to other bodies. 9

 Fear of voter backlash Politicians are conscious of public opinion. Controversial issues are sometimes not addressed due to fear of loosing votes. Votes = Government.  Bicameral Structure Government may not control both houses of parliament Political agendas can and do delay/inhibit legislation Vote scoring could be main agenda for a political party not the legislation. If Government controls both houses issues of responsible government may be diminished. Vigorous Debate? Rubber Stamp?? 10

 Parliament not sitting Relative low number of sitting days can cause delays in reform or legislation progress (2014 – 72 Days) - HOR text_version alendar_2013-text_version Parliament tries to offset this by delegating some of its law making authority to subordinate authorities who work year round. i.e., Councils  Drafting Legislation Words within a Bill may not be clearly defined or expressed correctly (Such as the intent of the legislation) which can cause delays in prosecutions. i.e., Statutory Interpretation required by Courts. Could lead to Precedent/Common law 11

 Inconsistencies between states Uniform laws across states within our nation is a rarity. Whilst the intent of certain legislation may be the same, offices may be named differently and/or have differing points of proof in order to prove a matter at hand. i.e., traffic matters such as age of licences, road worthies, evidence act requirements.  Questions 1 – 4 (Page 40)  Make sure you complete question 4 12