Any Ideas on how to tackle this question? (1 Viewer)

[Keirabugs]

Can anyone please help me with ideas as to how I tackle this question?




In the Australian legal system Parliament has the task of making the law. Some think the top judges should make the law as happened in the mabo case. Outline the problems associated with this idea.

Any ideas would be greatly appreciated.

Keirabugs

 

[Tabris]

1st year subject?

 

[melsc]

- the fact judges are appointed not elected like the govt
- less democratic
- representation of the states interests will not be equal as there is no requirement of how many judges are to be picked from how many states (like in the senate).

 

[Keirabugs]

Yes this is a first year Law subject.

Thanks All heaps for your ideas please keep them comming.

Olivia

 

[melsc]

- you could also raise the fact that even if judges change the law it can easily be overriden by the legislature

 

[47.46.45]

Just read up on the rationale behind the separation of powers. There's an interesting article (which I've forgotten the name of) which talks about another problem in that judges don't accurately represent the population and won't create laws that reflect the wishes of the people, which ties in with mel's comment that judge's are appointed rather than elected.
Which uni are you at? The UWS intro course was pretty dry on all this stuff but on the plus side they gave us a reader with a few billion relevant articles.

 

[melsc]

They was a good one in last years intro to law reader called 'Judicial Activism and the death of the rule of law" by Heydon I think... its commonly cited so I am sure you could find it on Lexis Nexis or something

 

[Rorix]

Judical Legitimacy by Gleeson CJ is a great article too