The effectiveness of the courts
1. The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the use of the courts as a means by which individuals can influence law reform requires students to write about factors related to how effective or ineffective the use of the courts are. Responses will vary according to the arguments selected.
2. The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence, that while the use of the courts might have some impact, they are largely an ineffective means for influencing law reform. In this case, ‘evaluating’ the use of the courtsas an effective means for the individual to have a meaningful impact on the law in Australia requires students to write about points related to effectiveness and points related to ineffectiveness.
For example, in relation to source of influence, if the parties are asking the court to change the law itself, their influence comes from the fact that they have legal standing: they have the right to put arguments to the court, and they have the right to have the case decided. Courts cannot deflect the issue, or say that it is “too hard” to come to a decision. However, if the parties are asking the court to change the law itself, they have little if any personal influence over the decision. They are permitted to make legal arguments, but the range of materials they can put to the court is very limited compared with what can be presented to a member of parliament.