Chapter 13.1 Flashcards
reasons for law reform
law reform
The process of constantly updating and changing the law so it remains relevant and effective
Reasons for law reform
- Changes in beliefs, values and attitudes in society
- To protect of the community
- Advances in technology
- Changes in living conditions
Changes in beliefs, values and attitudes in society
In order for the law to remain acceptable and relevant, it must change to keep up with modern attitudes, views, values and ethical principles.
example of a law reform changing because of beliefs, values and attitudes in society
The relationships act 2008 vic which establishes a register for domestic relationships (regardless of gender and sexual orientation) was passed as a result of changing societal attitudes and the acceptance of de facto relationships and same sex couples
to protect the community
laws are designed to protect the community and individuals from harm. consequently when a new harm becomes evident or an existing harm worsens, the law will need to be changed in order to try and overcome this threat to the wider community.
case example of law changing to protect the community
The corrections amendment (parole reform) act 2013 vic was passed in order to ensure that safety and the protection of the community were the paramount considerations when deciding to release someone on parole
Advances in technology
As technology develops and improves, the law need to be updated in order to reduce the opportunity for individuals and groups to be exploited or harmed (by technology)
case example of the law being changed due to advances in technology
the crimes amendment act 2009 was passed in an attempt to overcome the problem of computers and other technological systems and devices being used for the purpose of identity theft
Changes in living conditions
Law reform is a process that never ends. Our laws also need to be continually reformed to make sure they remain relevant and keep up with changes with living conditions such as social, economic and international conditions.
Features of changes in living conditions
- changes in social conditions
- changes in economic conditions
- changes in international conditions
changes in social conditions
As australia’s population grows and changes, some laws need to change to ensure we can live together peacefully and maintain our basic standard of living. . An increasing population can lead to increased crime and the need for improved law enforcement infrastructure or agencies (including the police, courts and prisons) and more effective procedures within those agencies.
changes in economic conditions
Australia’s economy is continually changing. In particular, technology and globalisation create issues that need to be addressed by the law. Governments need to monitor and change laws that regulate the buying, selling and production of goods and services across different areas of the economy such as banking and finance, mining, manufacturing and agriculture.
changes in international conditions
Changing international circumstances or global events often influence law reform. One example is increasing global violence and the threat of terrorist attacks. Another is international conflict; wars cause a rise in global refugees, and can place pressure on global supply of goods such as oil. The Commonwealth Government monitors both so it can alter laws if necessary, such as anti-terrorism and migration laws.
