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12LS - U4 AOS2 KK5.2-5.5

Horizontales
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).
Verticales
One example of abrogation is the Victorian Parliament’s response to T_______.
One example of parliament enshrining a precedent created by an a______ High Court is the Commonwealth Parliament’s response to Mabo.
In the 'studded belt' case, Beach J resolved a parties’ dispute by determining that a studded belt does not fall within the scope of the term ‘r________ w_______’ in the Control of Weapons Act because this belt is commonly used for a purpose other than being a weapon (specifically, to be used as a clothing accessory).
Often, judicial activism results in significant or controversial changes to the law, changes that can influence parliament to pass a statute that codifies (enshrines) or abrogates (abolishes) the p________ that has been created.
One example of codification is the Commonwealth Parliament’s creation of the Native Title Act, an Act that enshrines the precedent created by the High Court in M____ (specifically, the recognition of native title).
The outcomes in particular cases can result in the media and/or members of the general public placing d______ political pressure on parliament to reform the law.
Parliament is a_______ the common law when parliament creates a statute that abolishes a common law precedent.
Parliament is c_______ the common law when parliament creates a statute that enshrines a common law precedent.
The courts c_________ parliament’s law-making by interpreting statutes made by parliament in order to resolve disputes and by developing precedents that parliament may codify or abrogate.
The Victorian Parliament responded to the disapproval expressed by the High Court (including Mason J) in Trigwell by passing an Act that a______ the longstanding British common law precedent that landowners do not owe a duty of care for their livestock straying from their land onto a highway.
Parliament generally is able to abrogate the common law by creating an o_______ statute because parliament is the supreme law-making body.
Parliament is the supreme law-making body, with the ability to make and change any law that falls within the s______ of the parliament’s constitutional law-making powers.
Parliament is able to codify the common law because parliament is the s______ law-making body.