On completion of this module.docx - On completion of this...

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On completion of this module, you will be able to: Explain the three ways in which the law is changed or made. the law is made or changed in three ways: 1. parliament (enacting legislation) 2. delegated or subordinate bodies (passing regulations, local laws, statutory rules, etc) 3. courts (establishing case law or precedent) Describe why law changes as society changed. social developments Social developments that produce legal change can arise from: • disputes not being prevented • new patterns of conduct emerging • particular social incident/controversy • conflicting social or political attitudes about an issue changing technology IVF technology • speed cameras • automatic teller machines (ATM) • intellectual property - computers, copyright • white collar crime changingg values moral values: medical treatment laws/euthanasia • social values: mandatory reporting of child abuse • economic values: introduction of tax file numbers/GST agreed in 1999 • political values: dangerous offenders legislation in 1990s List factors that cause changes in the law. groups, institutions, individuals, circumstances and social events. Identify the consequences of judges making law. Describe the types, principles, and requirements of precedence. Explain the differences and similarities between parliaments and courts Similarities between Parliament and the Courts Both parliaments and the courts: Have a type of debate in law-making: parliament - bill passes through both houses courts - arguments presented during a case Have a type of vote; parliament - each state of a bill's passage courts - appeal cases in which multiple benches conduct a 'vote' in favour or against particular cases One of the similarities between parliament and the courts is that both can make laws for the future. Must adhere to particular law-making rules; parliament - can only legislate according to constitutional powers courts - obliged to follow the doctrine of precedent Can make law for the future; parliament - sets out rules for conduct in the future
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courts - precedent has the effect of settling similar future disputes in a similar manner The following table compares parliaments and courts: Parliament Courts has sovereignty in law-making are inferior to parliament as a source of law law made is called legislation law made is called case law laws are found in statutes or Acts laws are found in law reports law-making is main role law-making is secondary role can determine the occasion and speed of law-making must wait for a dispute to be litigated to set precedent responds to social pressure in law-making no external influences are imposed on courts can delegate law-making role cannot delegate law-making role laws generally bind all in the legal system decisions generally only effect two particular parties involved in a dispute, but can be binding in future cases makes law 'in futuro' (for the future) makes law 'ex post facto' (after the event)
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