Individuals & Collective Actions in changing laws

Question 1

What does challenging laws in court mean?

Answer 1

This is a way to change laws. If the law in question infringes or violates the Charter of rights and freedoms, then the laws can be challenged or changed after the initial result of the appeal.

Question 2

What are some benefits of challenging the court?

Answer 2

• It is a very common way to change laws
• Not violent and is orderly
• A new law could be created in order to replace the old law

Question 3

What happens if the appeal to change the law fails? Is this a disadvantage?

Answer 3

Yes, it is far from benefiting the party of the appeal. If the appeal to change the law is failed, the law might not be possible to change in a short time due to precedent being set and the person appealing will be counted accountable for the things they admit.

Question 4

What are some disadvantages of challenging the court?

Answer 4

• Takes a long time to pass through the legal system as the laws are supposed to escalate (contract) by the supreme court.
• Lots of money and if it results in failure, so much money loss.
• Publicity (Public opinion has a lot to do with the approval of the new laws)

Question 5

What is the name of the action when number of people are trying to influence the legislation on a behalf or particular interest?

Answer 5

Lobby groups.

Question 6

Some ways to collectively change laws?

Answer 6

Lobby groups, Royal commissions, Legal scholarship, and Political demonstrations.

Question 7

What does an ad hoc organization mean?

Answer 7

it is an organization created for a specific interest/ purpose.

Question 8

What does a National Organization mean?

Answer 8

An organization represents a specific group of people on a permanent basis and has more than one purpose or goal.

Question 9

What happens after the Lobby group succeeds?

Answer 9

After a lobby group succeeds in building support by raising awareness of their concern, the gov assigns a Royal Commission to investigate the issue and publish a report.

Question 10

What are some advantages of the Royal Commission?

Answer 10

• Royal commissions can call for public meetings, testimony from private citizens, ask for expert witnesses and conducts scholarly research.
• Parliament often uses it as a basis for passing laws that are thought o be outdated or unjust.

Question 11

What are some disadvantages of the Royal Commission?

Answer 11

• Takes a long time for Rc to conduct research and report the findings (can take up to several years even)
• The government is not obligated to use the information provided by them, making people question its effectiveness.
• Very Expensive

Question 12

What is the definition of a Legal Scholarship?

Answer 12

It is the use of Scholarly articles and book on particular topics or issues to reform laws.

Question 13

Some Advantages of Legal Scholarship?

Answer 13

• It is effective in the reform of laws as it is factual data from legal scholars.
• It provides long-term solutions.

Question 14

Some disadvantages of Legal Scholarship?

Answer 14

• Certain people may lie about mental disorders
• Increased chances of guilty getting out
• Takes a long time to be recognized

Question 15

What is a political demonstration?

Answer 15

A political demonstration is an act that is allowed by the S.2 of the charter of rights and freedoms as “freedom of peaceable assembly” it is when a large group of people come together to protest (march, carry signs and listen to speeches).

Question 16

What are some advantages of political demostrations?

Answer 16

• One of the fastest ways to get the government to act on the issues or concerns, as even a threat of a rally could be enough.

Question 17

What are some disadvantages of political demonstrations?

Answer 17

• The protest could easily be turned into violence or civil disobedience that will get the government to try to stop the individuals looking for a change.
• The mixed result might be a cause and no change might be done.
• Arresting of the protestors.

Question 18

What are some disadvantages of Social media?

Answer 18

• Mass Criticism (starting online conflict)
• Younger kids on Social media might not understand why change is required
• 16-17 years olds might see this as a chance to commit crimes and think they can get away with things. (cyberbullying etc.)
• Younger people might not be fully informed about these issues as they check news less likely to other demographics.
• Expensive regarding the news.
• not as effective or credible compared to other ways.

Question 19

What did Louis Brandeis believe the Judges should do while ruling in a case?

Answer 19

He believed that judges should take into the consideration of socio-economical impacts of their decisions. Meaning they should think before making a decision for the public good. His way of thinking was done by examing non-legal socio-economical evidence of the action.

Question 20

What should be present in order fo laws to change?

Answer 20

1. There should be respect by the entire country for the “rule of laws”
2. There should be a democratic system of government. (Democracy)
3. There should be individual justice systems in the government. (separate branches of law making)

Question 21

What are the 3 rules of the “rule of laws”?

Answer 21

1. There should be a general recognition of the laws being a necessity for an orderly society. (people should believe that there is a need for laws for an orderly society.)
2. The rights and freedoms of people should not be takeaway, unless with the ruling of the laws.
3. Every person must be equal under the laws regardless of their status.

Question 22

What does democracy enables people to do?

Answer 22

Democracy enables people to vote and freely elect governers for change. It also enables change through lobby groups and political demonstrations, without ignoring them. (more freedom is given to people)

Question 23

What is an independent justice system mean and stand for?

Answer 23

An independent Justice system means that there are levels to the system and the defendant could appeal to the court for a higher level till the supreme court.

Question 24

What does a case/ common law mean?

Answer 24

It is the changing of law depending on the Judge’s written decisions being made law.

Question 25

What does a statue law mean?

Answer 25

It is the passing of law through several different legislatures.