individuals influencing law reform Flashcards
how can individuals influence law reforms?
- petitions
- demonstrations
- the courts
what is a petition? and what must a petition do?
it is a formal, written request to the government to take action or implement law reform.
a petition must:
- be addressed to the house where its being presented
- have a clear statement of the request
- keep to the word limit
- have the name, address and signiture of a supporter for the action
- be legible, no offensive language
- be an orginal document
what are the strengths and weaknesses of petitions?
strengths:
- simple, inexpensive way for people to show their desire for a change in the law
- it can generate public awareness of an issue and support for the desired legislative change if a petition is made.
weaknesses:
- some people may sign a petition more than once which compromises the integrity of the petition
- there are many petitions and so there is no guarantee for the suggested law reform to be adopted
what is a demonstration?
it is a gathering of people to protest their dissatisfaction with an existing law
e,g change the date movement
what are strengths and weaknesses of a demonstration?
strengths:
- gain the support of members of parliament who want to adopt a cause to improve the public image
- demonstrations can attract free positive media attention which can make parliament consider law reform as it is strongly supported
weakenesses:
- can be difficult and time consumingto organise, it can be affected by location/weather
- can decrease support if it causes public inconvenience, negative media attention can also decrease the credibility of the demonstration
what is the use of courts?
if an unclear point of law needs to be clarified then the creation of precedent can get the ball rolling about why and how a law needs to be amended.
the role of the courts can be limited because of abrogation, requirement for standing, cost and time of bringing a case to court
what are the strengths and weaknesses of the use of the courts?
strengths:
- judges’ decisions and comments made in court can encourage parliament to change the law
- even if a court challenge is unsuccessful it can gain media attention which can generate community interest
weaknesses:
- judges must wait for a party to challenge parliament
- judges are unelected and their decisions and comments may not represent the views and values of society