Law is a set of behavioural norms that are set in place by a ruling class to adjust the behaviour of humans when attempting to develop society to a certain stage. This can ultimately be discussed as the essence of law. These behavioural norms can be found in the majority of societies in today’s modern age, and is a huge influence on how the majority of people go about their daily lives. Although these particular sets of behavioural norms are written to benefit the ruled society, it can be debated who may be the best party to effect, change or implement these laws, and can be argued between the courts or professional politicians who may be fitter to make radical legal changes or decisions.
Legislation has always been a controversial topic when it comes to whether it has been implemented correctly and effectively or not. It can be found in many communities where a crime has occurred, that the ruled society (the people) disagree with the punishment and/or ruling the court has decided upon the accused. Many views are the courts are not regulated enough and the judicial role-players have been unable to sustain their integrity and honour, ultimately taking in their own opinion to decide upon a ruling against the accused. Heydon expressed that ‘The expression “judicial activism” is here used to mean using judicial power for a purpose other than that for which it was granted’ . This explores the point that the courts are only meant to use their powers to implement punishments/judgements only for the benefit of the popular will, and not for their own interpretation of the law. In order for legislation and typical behavioural norm rules to be effective, the courts and the rulers of the court must stay impartial to their own opinions and make judgements on behalf of the community values, rather than their own. Unfortunately the current general trend of the courts is found to be the opposite of their purpose, rendering them useless to effectively make radical legal...
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