Courts play a vital role in developing law by interpreting statutes and providing guidance to parliament. While parliament creates legislation, courts enforce it daily and provide understanding of how workable the laws are through statutory interpretation and engagement with parliament. One example of this relationship is statutory interpretation, where courts apply meaning to words and phrases in statutes, such as determining if a studded belt is a "regulated weapon." Another example is abrogation, where parliament abolishes court-made laws or precedents that are outdated or do not reflect societal values.
Courts play a vital role in developing law by interpreting statutes and providing guidance to parliament. While parliament creates legislation, courts enforce it daily and provide understanding of how workable the laws are through statutory interpretation and engagement with parliament. One example of this relationship is statutory interpretation, where courts apply meaning to words and phrases in statutes, such as determining if a studded belt is a "regulated weapon." Another example is abrogation, where parliament abolishes court-made laws or precedents that are outdated or do not reflect societal values.
Courts play a vital role in developing law by interpreting statutes and providing guidance to parliament. While parliament creates legislation, courts enforce it daily and provide understanding of how workable the laws are through statutory interpretation and engagement with parliament. One example of this relationship is statutory interpretation, where courts apply meaning to words and phrases in statutes, such as determining if a studded belt is a "regulated weapon." Another example is abrogation, where parliament abolishes court-made laws or precedents that are outdated or do not reflect societal values.
the relationships between courts and parliament. Courts are vital in creating law, they give meaning to words and phrases within acts of parliament and assist parliament to create and develop better laws. While parliament is the superior law making body, the courts deal with and enforce it everyday as such the courts have an understanding of how workable the law is and they work in conjunction with parliament to help to achieve what was intended. One way the courts and parliaments work together is statutory interpretation, parliament creates pieces of legislation through discussion and then write it up to a statute, often in cases a judge has to apply meaning to words or phrases within that statute, this is called statutory interpretation. An example of this is the studded belt case, in this case a judge had to apply meaning to the word ‘regulated weapon’ within a piece of law, the judge had to decide if when parliament wrote the legislation they believed that an item like a studded belt being used to hold up one's pants was a ‘regulated weapon’. Another example of the courts relationship with parliament is abrogation; this is where parliament abolishes court made laws set through precedent or statutory interpretation. They may do this because the precedent is outdated, but because it is binding the courts have been forced to follow it, or the precedent does not reflect society's values as a law should. An example of abrogation is the Trigwell case; this is where the Victorian parliament abolished a law set by the high court in Victoria as it did not align with their beliefs at the time.