4. Law Reform Flashcards
Law Reform
The process of examining existing laws and advocating and implementing changes - with the aim of enhancing justice or efficiency
Vagrancy
no established home without visible/lawful means of support
Changing Social Values
standards that guide people in determining what is right and wrong within their society
New Concepts of Justice
As a society evolves, its view on justice change – therefore the need for law reform is required, as the current law is unable to deliver just outcomes for individuals and the community.
New Technology
Advances in technology require continual review of existing laws
Agencies of Reform
Agencies assist in the process of evaluating laws, pressuring governments and making recommendations on law that need to be reformed. They also assist in making changes to legislation to successfully meet their criteria for law reform
Law Reform commissions
- Established by parliament within jurisdiction (e.g. federal/state) under parliament reference or reference for inquiry by the commission
Terms of reference
guidelines that determine the purpose and scope of the inquiry
Parliamentary Committees
Established in both houses of parliament to discuss issues that aren’t given enough focus in sessions over legislation
Non-Government Organisations
Organisations independent from the government meaning there is no obligation to follow terms of reference
Mechanisms = Courts
Courts create change through setting legal precedent for future cases over judgements made, clarifying what laws should be, and how judges should rule
Mechanisms = Parliament
Most common form of passing reform - change through passage of bills
Mechanisms = United Nations
Develop + implement international treaties to form global legal unity + investigate law reform of human rights violations etc.
Mechanisms = Intergovernmental Organisations
Mostly subsidiaries of UN to establish + decide upon international issues such as refugees, tariffs etc.
