AOS 1 DP 3 Flashcards
What are the five characteristics of an effective law?
- Reflects society’s values
- Is enforceable
- Is known
- Is clear and understood
- Is stable
These characteristics ensure that laws function properly and contribute to social cohesion.
Why must laws reflect society’s values?
If a law is in line with society’s values, then members of society are more inclined to follow that law than disregard it.
Examples include same-sex marriage, IVF for single mothers, and abolishing the death penalty.
What does it mean for a law to be enforceable?
An effective law must be enforceable, meaning that if a person breaks the law, it must be possible to catch and punish them.
An example is driving while using a mobile phone, which is enforced by police.
What is the importance of laws being known?
The public must know about a law for it to be effective.
Lawmakers must keep the public informed of law changes through media channels.
What happens if a law is ambiguous or unclear?
If a law is ambiguous, unclear, or written in a language that is unclear, the chances of individuals understanding the law decline rapidly, making it ineffective.
An example is the Road Safety Act 1986 (Vic), which was amended for clarity.
Why must laws be stable?
For a law to be effective, it must be stable; constant changes can lead to confusion about the law’s elements.
Typically, laws do not change drastically.
Fill in the blank: For laws to be effective, they must be _______.
[Reflect society’s values, be enforceable, be known, be clear and understood, be stable]
What is the Voluntary Assisted Dying Act 2017?
The Act that allows assisted dying for adults over 18 in Victoria, effective from 19 June 2019.
It applies to individuals deemed able to make decisions and suffering from an incurable illness.
What conditions must be met for assisted dying under the Voluntary Assisted Dying Act?
Patients must be experiencing intolerable suffering and expected to die within a year.
What is the difference between murder and manslaughter?
Murder is the unlawful killing with intent, while manslaughter is a lesser charge often involving provocation or diminished responsibility.
Understanding this distinction is crucial in legal studies.
True or False: Laws must be constantly changing to remain effective.
False
Stability in laws is important for their effectiveness.
