Law Reform Flashcards
Law Reform
The process of changing the law to make it more current by removing defects and adopting new methods so they can better reflect the needs and values of modern-day society
Conditions Leading to Law Reform
Changing Social Values
New Concepts of Justice
New Technology
Changing Social Values
The problem for law-makers is that public morality is not static, and continues to evolve, with changes in social values being an impetus for law reform
An example of this is the law reform legalsining same-sex marriage in 2016
New Concepts of Justice
When the law is unable to deliver just outcomes for individuals and the community, there may be a need for law reform
An example of new concepts of justice can be seen with the abolition of the death penalty in Australia acros all jurisdiction in 1985
New Technology
New Technology places pressure on the law to stay current
Because the technology has developed and proliferated, laws have to be made to regulate the new activity
Agencies of Law Reform
Law Reform Commissions
Parliamentary Committees
The Media
Non-Government Organisations
Australian Law Reform Commission
Established in 1975 and operates as an independent statutory body
The main role of the Commission is to review Commonwealth laws referred to it by the Attorney-General, who provides them with their ‘terms of reference’
It investigates and advises the government on how the law can change to meet current needs
New South Wales Law Reform Commission
Established in 1967
It has a similar role to the ALRC but at the state level, and receives its terms of reference from the NSW government
Parliamentary Committees
Every Parliament has several committees operating to investigate matters of concern to it and the wider community
A committee may involve only Senators or Members of the House of Representatives
They use many of the techniques of a law reform commission to consult with the community on what areas should be covered by the law
Standing Committee
a committee that is permanent during the life of the body that appointed it
Select Committee
a small committee appointed for a particular purpose, or a once-only task
How does the media influence law reform?
It has a large audience - because of this, it has a strong capacity to influence public opinion and to shape the community’s view of a particular issue
Lobby groups seeking reform will often highlight and bring attention to particular issues through the media
Non-Government Organisations
NGOs play a major role in law reform, as they are completely independent from government
They focus on a particular cause or issue, particularly those affecting minority groups
NGOs use the media to raise awareness about particular law reform issues
Mechanisms of Law Reform
Courts
Parliaments
The United Nations
Intergovernmental Organisations
Mabo v Queensland No.2
A 1992 High Court decision that struck down the doctrine of terra nullius in Australia and led to the introduction of native title legislation
