Legal Studies - Year 12 - Mr Osborne's Legal Class: Unit 3 - AOS 3 - Role of the courts in law-making

AREA OF STUDY 3 Role of the courts in law-making

In this area of study students develop an understanding of the role that courts play in developing the law. Students investigate the doctrine of precedent and statutory interpretation and consider their operation and effect. They evaluate the effectiveness of courts as a law-making body. Using relevant cases, students explore the relationships between courts and parliament in law-making.

Outcome 3

On completion of this unit the student should be able to describe the role and operation of courts in law-making, evaluate their effectiveness as law-making bodies and discuss their relationship with parliament. To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 3.

Key knowledge

• the ability of judges and courts to make law
• the operation of the doctrine of precedent
• reasons for interpretation of statutes by judges
• effects of statutory interpretation by judges
• strengths and weaknesses of law-making through the courts
• the relationship between courts and parliament in law-making.

Key skills 

• define key legal terminology and use it appropriately
• discuss, interpret and analyse legal information
• apply legal principles to relevant cases and issues
• describe the nature, importance and operation of courts as law-makers
• analyse the impact of courts in law-making
• critically evaluate the law-making processes of courts
• discuss the relationships between law-making bodies