relationship between parliament and courts

the supremacy of parliament

Parliament is the supreme law making body and can therefore pass legislation to confirm or abrogate decisions made by the courts, with the exception of high court decisions on constitutional matters.

It can pass legislation that restricts certain actions of the courts, however they must ensure that it allows the courts to remain independent

The ability of courts to influence parliament

Comments made by judges when handing down judgements can inspire or encourage parliament to initiate law reform, or may create public outcry triggering parliament to initiate law reform

however it is limited due to parliaments supremacy

codification of common law

Parliament has the power to pass an act of parliament that assembles all the relevant law in a particular area, (common and statute) in an attempt to make an all encompassing law.

It also allows parliament to pass legislation that reinforces the principles established in a court ruling.

abrogation of common law

parliament has the power to pass legislation that abrogates decisions made through the courts, with the exception of High court rulings on constitutional matters.

This may occur if the common law is out of date, or courts have interpreted the meaning of words or phrases in a statute that was not the intention of parliament.