Last legal SAC Flashcards
What are the three main ways to influence law reform
Petition- A formal written request to the parliament to take some action or implement law reform
Demonstrations- A gathering of people of people to protect or express their common concern or dissatisfaction with an existing law as a means of influencing law reform
The use of the courts- Taking matters to court in hope of changing law reform can work
What are petition and what are the rules
Petitions are a formal written request to parliament to take action or implement law reform , it is the only way for individuals to directly put there concerns or complaints before parliament
What are the rules for a petition
- It must be addressed to the house in which it is being presented
- Clearly states the actions being requested
- Limited by the amount of words (HoR has 250 limit)
-e- petitions can be created but must be made from government sites
What are demonstrations
Refers to a gathering od people to protect or express their common concern or dissatisfaction with an existing law as a means of influencing law reform
What is influencing law reform with the use of the courts
Individuals can influence law reform by taking matters to court and hoping that a judge will rule in there Favour and therefore make a precedent and lead to law reform
How are and are not are petitions effective
How they are
- The number of people who sign the petition can determine if its effective, if there is a lot of the general public that have signed one parliament is inclined to go along with the petition to uphold to principle of a responsible government
- E- Petitions aimed at parliament can be made on parliament websites which makes it easy for parliament to see a petition
How they are not
- If a petition cannot show that a majority or at least a large amount of a population agree or just sign a petition then it will not be effective because parliament is not inclined to go along with the petition
- If a E- petition is not made through government websites then parliament will not be able to see or read the petition because it has not been made through the right channels
How are and are not demonstrations effective
How they are
- If there is a lot of media attention it can lead to law reform with how parliament is meant to be responsible so the more people involved the more likely parliament is going to change law
- Demonstrations can lead to a member of parliament “adopting a case” which means that they will advocate for a issue
How they are not
- Certain demonstrations may focus on issues that cannot be changed by parliament such as the issues occurring in Palestine
- Violence or inconvenient demonstrations that occur during the demonstrations can lead to demonstrations not being effective
Is the use of the courts effective in law reform
How they are
- The ability if the courts to change laws depends on various factors such as somebody has to challenge the law which can highlight how bad unfair or unclear a law is which can lead to change
- The court can rule a law ultra vires otherwise known as void
How they are not
- A challenge is time consuming as well as costs a lot of money, and since a challenge is not guaranteed law reform a individual can waste a lot of time and money for law reform to not take place on the quote unquote bad law.
- Standing is also a requirement
What are the 3 main forms of the media
- print media- Refers to the printed publications such as newspapers, magazines, billboards
- Broadcasts media- TV or radio
- Digital media Distribution of information through internet and electronic devices
What is the role of the media
- Informing and raising awareness
- Medias main role is to inform the community about social, political and legal issues
- Assessing level of community support
What is the Victorian Law reform commission (VLRC)
Victorias leading independent law reform organization, the VLRC reviews researches and makes recommendations to the state parliament about possible changes to vic laws.
The VLRC monitors and coordinates law reform activity in VIC and investigate/ advice vic gov to update and improve the law, the VLRC will also engage the community in consultations and debates to ensure the vic gov is focused on giving the public what they want
What are the functions of the VLRC and what section of the Victorian law reform act set this out
Under section 5 of the vic law reform acts sets out the roles which are
- Major inquiry- To examine and report on any proposal or matter referred to by the vic attorney general and make recommendations to attorney general for law reform
Community inquiry- To investigate minor legal issues that the VLRC believes are general concern in the community and report it to the attorney general with recommendations for law reform
Monitoring- To monitor and coordinate law reform activity ub vic such as suggestions to the attorney- general that they refer a legal issue or matter relating to law reform to it for investigation, therefore after consultation with various groups and other law reform bodies the VLRC will suggests to the attorney general new places for law reform
Educating- To undertake educational program and inform the community on areas of law reform
What is a terms of reference
Instructions given to a formal body (law reform body or royal commission) to investigate an important matter, terms of reference set out the precise scope and purpose of the inquiry and the date by which the final report must be complete
Processes used by VLRC in law reform
- Undertake initial research and consult experts
- Establish an expert panel or committee
- Publish a consultive paper
- Hold consultation and discussion with and invite submission form
- Publish a final report
- Present the final report to the attorney general
The ability of the VLRC to influence law reform
Strengths
- As the VLRC is independent of parliament and political party’s it can remain objective and unbiased in making its recommendations
- Stats suggest that VLRC can be highly influential with 75% of the recommendations being adopted
Weaknesses
- The VIC parliament is not obligated to support or adopt any of the VLRC recommendations for law reform
- VLRC inquiry’s can be time consuming usually taking 12-24 months
What are parliamentary committees and the committee system
Parliamentary committee- A small group of members of parliament who consider and report on a single subject in wither one or both houses and members can come from any party
Committee system- A system in federal state and territory parliament in Australia that involves the of separate working parities (committees) to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform
