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The relationship between parliament and the courts
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Parliament is the ________________________________________________________ answerable only to the people. Parliament can pass laws to ________________________ the common law made by the courts Whereas The courts can only declare legislation ________________________when it exceeds the law-making authority set out in the Constitution.
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The relationship between parliament and the courts
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Parliament passes legislation to _________________________
___________________ and jurisdiction of courts Through the passage of legislation, parliament establishes courts, and their structures, jurisdictions and procedures. (eg: the Magistrates’ Court Act 1989 (Vic.)) Also, parliament can pass legislation to _________________ the courts (incl their jurisdictions and processes)
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2. Courts _______________________________________________legislation created by parliament Courts must apply the case before them to any relevant legislation made by parliament. This can sometimes involve _________________________________________________. The impact of statutory interpretation is that the legislation and the precedent created by the court’s interpretation are read together to _______________________________
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3. Parliament can ______________________________created by courts Courts make laws via precedent and statutory interpretation. The supremacy of parliament means that it can ___________________ or _______________________________ any court made law through the passage of legislation eg The Trigwell Case
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4. Parliament can _________________________laws made by courts Parliament can pass law that ____________________________ common law principles; this process is known as codification– making common law into _________________________________________, and thus strengthening the law.
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5. Statements made by the courts can _________________parliament In the process of hearing and deciding cases, judges may make statements that reflect their ____________________________ on a law or its application. This may signify to parliament that there is a ___________ ______________________ eg: the Trigwell Case
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