law reform Flashcards

1
Q

conditions that give rise to law reform

A

changing social views, new concepts of justice, new technology

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2
Q

characteristics of just laws

A

Must minimise delay
Must not be retrospective
Aims to redress inequalities
Must be know (discoverable)
It is utilitarian
Based on widely held values
It is equal

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3
Q

chnaging social valyues

A

ethical standards that guide people in their thinking about aspects of their society, not necesarily same as individual vlaues, culture, relfect public mporality, marriage act 1961 cth, changes of def ioof family, property defacto relationships act 1984 nsw

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4
Q

agencies of law reform

A

no authority to actually change the law but can have very strong influence

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5
Q

new concepts of justice

A

when the law is unable to deliver just outcomes to individuals and the community, there may be a need for law reform, move away from life for a life, catpial punishment, retribution rehabilityation, youth justice conference

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6
Q

new technology

A

law if put underpressure to remian current, Petrol/electronic powered motor vehicle
Development of life-support devices and treatments
dna technlolgugue
telecommunications interception act 1979 dnam collections

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7
Q

parliamentary committess

A

groups of members of Parliament appointed to assist the Parliament in the performance of its function. They can examine issues in more detail than in House of Reps/Senate

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8
Q

law reform commission

A

make recommendations on how to change the law and the way it is carried out
Most states have a LRC
NSW Law Reform Commission, as well as Australian Law Reform Commission
Is separated from government
Law Reform Commission Act 1967

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9
Q

non government organisations

A

any organisation that is not part of the government, but represents the interests of a certain group. The organisations themselves are usually non-profit
Represent different interests
Common aim at looking at laws that should/should not be changed
Make submissions to LRC’s
Australian Red Cross
Oxfam

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9
Q

media

A

any publicly available publications, including newspapers, blogs and content shown on TV
Have no authority to change the law
But aren’t really restricted on what they can print in regards to political issues and politicians
Freedom of Political Communication (constitutional right)

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10
Q

lobby groups

A

organised group of people who try to influence government ministers or other members of parliament to advance their social or political agenda
Can influence members of parliament (mainly)
Meeting with representatives, making policy submissions, writing letters
Can also be NGO’s, industry group or other interest group

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11
Q

courts

A

interpret and apply the law set out by parliament
Judges can change laws through precedent set in court cases
E.g one punch laws
R v Loveridge 2013 NSWSC
R v Loveridge 2014 NSWCCA

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12
Q

parliaments

A

Main law makers in which we elect into parliament
A parliament reforms the law by passing legislation (statute laws)
Issue here, politicians can be influenced by alliances with other parties, their political agenda/policies

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13
Q

united national intergovernment organisations

A

hief organisation involved in international law
Australia implements a treaty by passing domestic legislation

Intergovernmental Organisations
subsidiaries of the un
decide international issues
refugees, tariffs, wealth

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