1. The Role of the Courts in Law-Making
Strengths and Weaknesses of Courts as a Law-Making Body

2. Learning Intention Success Criteria
Strengths of courts as a law-making body
Weaknesses of courts as a law-making body.
Know at least 4 strengths and weaknesses
Need to be able to evaluate
‘weigh up’ strengths with weaknesses to give a strong evaluation
Use ‘however’ or ‘whereas’
Come to a conclusion
Success Criteria

3. Can make laws quickly
Courts can change the law quickly if a relevant case is brought before them.
Not burdened by long parliamentary procedures
Can only change the law if a case is before them
The court requires a person with standing to bring the issue to court.
Courts may also be bound by precedent

4. Independent
Courts are not subject to political influence when making a decision
Judges are independent and unbiased and not subject to the whims of the electorate
However, as not elected, judges may not reflect current community values when making a decision.

5. Flexibility
Courts can keep the law from becoming too rigid by distinguising, overruling or reversing precedent and may interpret statutes
Can apply the laws of Parliament to the specific situation before them to ensure the law is relevant and justice has been served.
May be bound by precedent or reluctant to change for the sake of consistency.

6. Consistency and Fairness
Doctrine of Precedent allows for the law to be applied consistently when material facts are similar.
Provides predictability, equality and fairness
Courts make laws ex post facto.
Judges make laws retrospectively or after the act has already occurred.
This may be unfair if a person is found to have broken a law that didn’t exist at the time

7. Develop Areas of Law Courts can develop areas of law
Negligence was established by the courts and developed further as the need arose.
Courts do not have the resources to investigate whole areas of law as Parliament does.
The courts are only able to deal with the area of law relevant to the case before them.

8. Conclusion
Overall, while there are some weaknesses, the strengths outweigh them, making the courts an effective law-making body.

9. Evaluation of courts as law-makers
Justice & Outcomes 13e ISBN © Oxford University Press Australia, 2015