1. The Relationship Between Courts and Parliament in Law-Making

2. Relationship
Parliament passes legislation to create the structure and jurisdiction of courts
Courts apply and interpret legislation created by parliament
Parliament can change laws created by courts
Parliament can codify laws made by courts
Statements made by the courts can influence parliament

3. Parliament passes legislation to create the structure and jurisdiction of courts
The court system was created through Parliament. Parliament can:
Establish the court and its processes
Set out the jurisdiction of the courts
Alter the processes and jurisdiction
Examples:
Supreme Court Act 1986 (Vic)
Magistrates’ Court Act 1989 (Vic)

4. Courts apply and interpret legislation created by Parliament
Courts must apply cases to any relevant and existing legislation created by Parliament.
If the intention or the wording of an Act created by Parliament is unclear, courts may need to interpret it in order to apply it to the case correctly.
The reason given for the statutory interpretation forms a precedent.

5. Parliament can change laws created by courts
If Parliament doesn’t approve of any laws created by the courts through precedent or statutory interpretation, they can:
Pass an Act to override the common law
Abrogate common law – abolish
Examples:
The Trigwell Case – animals straying onto highways
Rape in marriage case

6. Parliament can codify laws made by courts
If Parliament agrees with law made by the courts, they can pass law that incorporates the common law. This process, known as codification, turns common law into legislation, therefore strengthening the law.
Example:
Mabo Case

7. Statements made by the courts can influence parliament
Parliament may be influenced by court decisions or obiter dictums, as they reflect the judge’s feelings on a law and therefore may indicate a need to change the law.
Examples:
The Trigwell Case
Eddie Mabo Case