features of the relationship between courts and parliament

• ABILITY OF COURTS TO INFLUENCE PARLIAMENT

  • In 2014, the Vic parliament introduced baseline or median sentencing for major indictable offences. 
  • Judges found this requirement to be unworkable, with the Court of Appeal delivering in 2015 that: [baseline sentencing laws were] ‘incapable of being given any practical operation’. 
  • The legislation was abandoned in 2016
• CODIFICATION

  Example: Deing v Tarola

  • The Vic parliament updated the Control of Weapons Act, updating the interpretation that it is legal to carry a dangerous article of clothing if it is being used for it’s intention or design as a belt. 
• ABROGATION

  Example: SGIC v Trigwell and the Wrongs Act

  • The Victorian parliament felt that the persuasive precedent applied to the Trigwell case was no longer appropriate. 
  • Vic updated the Wrongs Act in 1984 to say that landowners did have a legal obligation to keep their animals off the road.