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Legal Studies 3/4 > Ch. 2 - Sac study > Flashcards

Ch. 2 - Sac study Flashcards

1
Q

What are 2 reasons why laws may need to change?

A

changing values in society

advances in technology

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2
Q

What is changing values in society? (2)

A
  • If a law is not accepted by the community it could lead to more and more people being willing to disobey the law.
  • In order for the law to remain acceptable it must change to keep up with changing values.
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3
Q

What is an example of changing values and attitudes in society?

A
  • Society appreciates that de facto relationships and same-sex couples have endured injustices, law has changed to recognise this change in attitude
    – The Relationships Act 2008 allows registration of domestic relationships in Vic regardless of gender
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4
Q

what is a recent change in the law?

A
  • Access to medicinal Cannabis Bill 2015
  • proposes a legal framework to enable the cultivation and manufacture of medical cannabis products in Vic.
  • implements recommendations of the VLRC’s report
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5
Q

who wanted the recent change in the law?

A

children with severe epilepsy wanted to access medical cannabis
also reflects change in society

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6
Q

What is the vic law reform commission?

A

a government funded organisation established to investigate areas of law in which the gov. feels there is a need for reform and to monitor and coordinate law reform activity in vic

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7
Q

what is the role of the VLRC? (4) RERS

A
  • undertake Research and make recommendations for changes in law
  • Educate community
  • Recommend minor changes in law without reference from attorney general
  • suggest to the attorney general that he or she refer a law in need of investigation to the VLRC
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8
Q

how effective is the VLRC? (3)

A
  • gov. more likely to act on its report because gov. has asked VLRC to investigate that area
  • over 80% of VLRC recommendations are implemented into as law
  • works closely with community in its research which makes it easier for community to influence change
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9
Q

what are the 4 steps in the process used by the VLRC?

A
  • reference - received from attorney general
  • research - initial research is undertaken
  • a consultation paper is published and submissions are invited from interested groups or individuals
  • formulates a list of recommended changes to parliament
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10
Q

What is initial research and consultation in the process used by the VLRC?

A

Commission appoints team who research laws in Vic, other states, & other countries, look at relevant cases & talk to people affected by the law

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11
Q

what happens when a consultation paper is published in the process used by the VLRC?

A

commission publishes a consultation paper which sets out background to the project, explain the issues, and asks q’s to guide submissions.
includes deadline for submissions

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12
Q

who do informal pressure for changes in the law come from? 2 examples

A

Informal pressures come from individuals or groups who are not connected with the law-making process and cannot be instrumental in changing the law, but who can try to influence the change in law. e.g. individuals and pressure groups

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13
Q

who do formal pressures for changes in the law come from? 2 examples

A

Formal pressures for changes in the law come from within the formal structures of the law- making process e.g. cabinet, VLRC

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14
Q

what is an example of a petition?

A

a petition was formed to prevent children seeking asylum from being processed offshore

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15
Q

what are 2 strengths of a petition?

A
  • provide for a peaceful means to influence change
  • can draw parliaments attention to an issue if there are a lot of signatures because it shows parliament there is a wide range of support
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16
Q

what are 2 weaknesses of a petition?

A
  • If the petition is about an area that is not a current focus for law reform, it may be ignored
  • if there are not many signatures it reduces the effect of the petition
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17
Q

what is an example of a demonstration?

A

pressure groups influenced a change in law after thousands of animal lovers participated in rallies against puppy ‘factories’ in many states in Aus

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18
Q

what are 2 strengths of a demonstration?

A
  • Large demonstrations are likely to have a big impact, particularly on media reports and public awareness.
  • Demonstrations often get the attention of members of parliament, who may ‘take on’ a cause
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19
Q

what are 2 weaknesses of a demonstration?

A
  • can cause general disruption to public

- Demonstrations are difficult to organise and are time-consuming

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20
Q

what is an example of media?

A

changing the laws of same-sex marriage to be legalised is a regular topic spoken about on the radio

21
Q

what are 2 strengths of the media?

A
  • very influential in providing direct message to law-makers to press for leg. change
  • widespread and almost instant publicity (esp. social media)
22
Q

what are 2 weaknesses of the media?

A
  • argument may not be expressed well or persuasively

- views expressed in media may reflect views of vocal minorities not majority

23
Q

what is the first step in the progress of a bill through parliament and what does it involve? (5)

A

introduction and 1st reading:

  • Bill enters first house (usually LH)
  • title of bill is read and bill is read for first time
  • copies of bill distributed
  • NO debate
  • Vote (needs majority to proceed)
24
Q

what is the 2nd reading in the progress of a bill through parliament and what happens? (4)

A
  • Statement of compatibility is considered (only in state parliament)
  • relevant minister outlines purpose of bill
  • debate of broad principles commences (most thorough debate)
  • vote takes place
25
Q

What is the statement of compatibility?

A

states whether bill is compatible w/ the Charter of human rights and responsibilities. cannot be passed if not compatible

26
Q

What is the optional stage after the 2nd reading of the progress of a bill through parliament and what happens?

A

Committee stage:

  • Bill is discussed in detail, clause by clause
  • amendments most likely to be made
  • Called committee of the whole in the legislative council
27
Q

what happens in the 3rd reading? (3)

A
  • long title is read
  • further debate if necessary
  • bill is voted on in its final form
28
Q

what happens after the 3rd reading? (3)

A
  • bill passes the original house
  • same procedure in second house (amendments may occur)
  • bill passes second house
29
Q

what happens if amendments occur in the second house?

A

any amendments must be communicated to the original house and approved by both houses in identical form

30
Q

what happens after the bill passes both houses?

A

royal assent - the gov. general (gov. at state level) signs the bill and gives royal assent, which represents the crowns approval. the bill is now an act

31
Q

what happens after royal assent?

A

proclamation:
- the bill becomes act of parliament, usually becomes effective 28 days after royal assent. gives the gov. time to educate public on the new law

32
Q

who drafts bills and what is their qualification?

A

the office of parliamentary counsel is responsible for drafting legislation. They are lawyers

33
Q

what are 3 problems when drafting legislation?

A

future circumstances
time constrains
legal terms

34
Q

what is future circumstances? (problems when drafting legislation) (4)

A
  • the parliamentary counsel attempts to draft leg. that will anticipate future circumstances, so leg. is drawn in general terms
  • parliamentary counsel cannot be expected to anticipate all future circumstances
  • if terms are too general the leg. may cover situations not intended to regulate
  • if it is too specific may contain loopholes or quickly become out of date
35
Q

what is time constraints? (problems when drafting legislation)

A

parliamentary counsel’s department faces heavy workload, staff sometimes required to work quickly.
may lead to law being poorly drafted and leaving out key areas

36
Q

what are legal terms in relation to problems when drafting legislation?

A

words given specific meanings by law may differ in meaning from everyday usage.
parliamentary counsel needs to be aware of legal meaning of diff terms
eg. many people use words robbery and burglary as if they mean same thing

37
Q

what is a strength of parliament relating to investigating? (2)

A
  • can gather info from wide variety of expert sources e.g Parliamentary committees & the VLRC before drafting legislation
  • means par. can take into account needs of society and make more informed decisions when passing legislation.
38
Q

what is a weakness of parliament relating to investigating? (1)

A
  • investigation and consultation on issues are very time consuming and expensive and could delay leg. change on important legislation
39
Q

what is a strength of parliament relating to delegated legislation? (2)

A
  • saves parliamentary time and passes the power onto bodies with expert knowledge
  • more likely to be aware of the needs for change in law because they are more accessible to the people
40
Q

what is a weakness of parliament relating to delegated legislation? (2)

A
  • subordinate bodies (other than local councils) give up law-making powers to unelected, undemocratic bodies
  • too many bodies making laws can lead to overlapping rules
41
Q

what is a strength of parliament relating to it being representative to the people? (2)

A
  • democratically elected and representative body meaning it is elected by people and reps the values of the maj. of people
  • laws made are more likely to be what is best for societies needs and wants or they run the risk of being voted out at the next election
42
Q

what is a weakness of parliament relating to it being representative to the people? (2)

A
  • undue influence of pressure groups can persuade parliament
  • Conflicting values make it hard for parliament to gauge level of support so they are hesitant to make laws on controversial topics e.g. same sex marriage so they are likely not to be passed
43
Q

what is an example of advances in technology?

A

Computers have made it easier to stalk other people.
Crimes Act was passed to try and overcome this problem by making it unlawful to stalk another person using the internet and other electronic communication.

44
Q

What is a recent reference given to the VLRC? (5)

A
  • 2014 Attorney General asked Commission to report on options for changes in law to allow people to be treated with medicinal cannabis in exceptional circumstances
  • VLRC held 9 public consultations
  • 99 submissions were received
  • Delivered report with 42 recommendations for changes to law
  • Vic Gov. fully accepted 40 of the commissions recommendations
45
Q

what is the committee stage called in the legislative council?

A

committee of the whole

46
Q

what is one CURRENT change the VLRC is investigating? (3)

A
  • December 2015 the Attorney-General asked the Commission to provide recommendations on the modernisation of the Adoption Act
  • Will be investigating access to adoption information and
    Birth certificates of adopted people.
  • final report and recommendations will be delivered by 2017.
47
Q

What are 5 strengths of parliament as a law making body?

DDISC

A

Investigate - parliament can investigate the whole topic
Delegate - parliament can delegate
Democratically - parliament is a democratically elected body
create- the ability to create legislation on an entire topic
set processes - parliament has set processes to ensure adequate time and debate

48
Q

what are 5 weaknesses of parliament as a law making body?

TSCVC

A

Time - investigation and implementation are very time consuming
Subordinate - subordinate bodies (other than local counsels) aren’t elected by the people
Controversial - parliamentarians may not want to make laws on controversial topics
Volume - the volume of legislation
Compromise - the need for government to compromise on legislation

Legal Studies 3/4 (24 decks)

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