Judicial activism involves judges interpreting the law b______ by taking into account a range of social and political factors, such as the views and values of the community and the need to protect human rights.
The courts and parliaments have an i________ role in law-making.
In response to the public perceiving that the sentences imposed on offenders in ‘one-punch’ cases were too l______, the Victorian Parliament amended the Sentencing Act so that a mandatory minimum non-parole period of 10 years’ imprisonment applies in these cases.
The power to interpret the Australian Constitution is a j_____ power vested in various courts (such as the High Court), rather than a legislative power vested in the Commonwealth Parliament.
Judicial conservatism can involve judges following a persuasive precedent that the judges disapprove of because, in their opinion, it is the proper role of democratically elected parliaments to make significant or controversial changes to the law, not the courts (judges are not democratically elected). This act of disapproval can influence parliament to abrogate the precedent that has been disapproved of (ie, to create a statute that a______ the precedent).
To resolve a parties’ dispute, a court often will need to interpret a statute to determine the meaning to give to a______ terms in the statute (ie, to engage in statutory interpretation).
Courts have the ability to i______ influence parliament to reform the law. There
One example of judicial c_______ influencing parliament relates to Trigwell.
Abolishing common law relating to the interpretation of the Australian Constitution via an ordinary statute infringes the s________ o_ p_______, a doctrine enshrined in the Australian Constitution.
An example acronym you can use to help remember the five features of the relationship between courts and parliament in law-making is _________ (three words).
S_________ are laws created by parliament.
Parliament can only abrogate common law relating to the interpretation of the Australian Constitution via a r___________.
The outcomes in particular cases can result in the media and/or members of the general public placing domestic political pressure on parliament to reform the law. This pressure encourages politicians to reform the law because, if these politicians do not reform the law, the members of the general public who are in favour of this reform may elect d______ politicians during the next election (specifically, politicians who will reform the law).
Judicial conservatism can involve judges following a persuasive precedent that the judges disapprove of because, in their opinion, it is the proper role of d________ elected parliaments to make significant or controversial changes to the law, not the courts (judges are not democratically elected).