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Why is it important that courts make law?

In your response, explain two features of


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 They may do this because the precedent is outdated, but because it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.

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