law reform Flashcards

0
Q

conditions that give rise to law reform: SOCIAL VALUES

A

ethical standards that guide people in their thinking about aspects of their society. law must reflect the social values of the majority of the community.

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1
Q

what is law reform

A

the law needs to be reformed as changes are made in a society, reflect those changes and produce better circumstances for the society and provide protection against harm.

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2
Q

conditions that give rise to law reform: 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.

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3
Q

conditions that give rise to law reform:

NEW TECHNOLOGY

A

advances and development of technology contributes to changes that require law reform.

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4
Q

the Australian law commission

A
  • to review commonwealth laws relevant to matters referred to it
  • to conduct inquires into areas of law reform in these areas
  • to advise the government on how law can be changed to meet current needs
  • to bring about harmonisation of commonwealth
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5
Q

the NSW Law reform commission

A

similar role to the ALRC but at state level

  • to consider the laws of NSW with a view to eliminating aspects of the law that are out of date, unnecessary, too complex or defective
  • to consolidate overlapping legislation, simplify the law
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6
Q

conditions which give rise to the need for reform

A
changing social values 
changing composition of society 
new concepts of justice 
failure of exposing law 
international law
new technology
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