chapter 13 and 14 legal Flashcards

1
Q

Reasons to change law reforms

A
  1. changes in beliefs
  2. advances in technology
  3. greater need for the protection of community
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2
Q

how to influence law reform

A
  1. petitions
  2. demonstrations
  3. use of courts
  4. media and law reform
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3
Q

Law reform bodies

A
  1. VLRC
    - majority inquiry
    - community inquiry
    - monitor
    -education
  2. parliament committees
    -standing committees
    -select committees
    -joint investigatory committees
  3. royal commissions
    - prepare consultations
    - undertake them
    - seek inputs
    - hold hearing
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4
Q

Reasons for constitutional reform

A
  1. recognise the first nations people
  2. form Australia’s political system
  3. change the commonwealth law making
  4. increase protections of rights
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5
Q

processes of the constitutional reform

A
  1. the parliament
    - the bill is proposed to the parliament
    - the bill has to be passed by both houses
  2. the people
    - the people are informed and then have to vote yes or no
    . if no the constitution os not changed
    .if voted yes there needs to be double majority
  3. the governor general
    - granted royal assent
    - constitution is changed
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6
Q

factors affecting referendums

A
  1. Bipartisan support - when both political parties agree
  2. seek of change
  3. nature of the proposal
  4. education
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7
Q

1967 referendum

A

background: Until 1967, the Australian Constitution did not give the Commonwealth the power to legislate for First Nations people or to include First Nations people in national censuses.
proposal: a referendum was put up and the proposed change was unanimously passed in the Commonwealth Parliament.
results: The very high level of support across all states

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8
Q

2023 referendum

A

background:
A Voice to Parliament was recommended following the National Constitutional Convention held at
Uluru in May 2017.
proposal:
a referendum was put to the people about whether to change the Consitution to formally recognise First Nations people and to enshrine a Voice to Parliament.
-no support
results:
60.06 per cent of voters in Australia voted ‘no’ to the referendum question.

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9
Q

double majority

A

states:
>50%
Australia:
<50%
must vote yes to change the constitution
4/6 states must say yes

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