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Legal 3/4 > Law reform SAC4B > Flashcards

Law reform SAC4B Flashcards

1
Q

name 4 reasons for law reform

A

changing community values
changing nature of tech
changing expectations of the legal system
protection of the community

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2
Q

changing community values as a reason for law reform

A

shfit in what the community deems as norm when it comes to beliefs, morals and ethics. the values and beliefs determine what is considered just and fair in society

eg. legal abortion, samesex marriage

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3
Q

changing nature of technology as a reason for law reform

A

efficient and fast development in tech for commercial purposes causes law to fall behind and need to catch up. When this happens, peoples safety may be at risk as tech can cause harm. Ensure use of tech does not infringe on rights nor cause harm

eg. sophistication of phone camera, social media, drones and privacy

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4
Q

xx

A

xc

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5
Q

changing expectations of the legal system as a reason for law reform

A

the way community views law has changed form regulating behaviour and identifying norms/expectations to upholding rights, protecting from harm and bringing justice

eg wearing masks., scam watchdogs

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6
Q

petitions as a method to influence law reform

A

formal requests for parliament to change/intord a law based upon a collection of signatures from individuals are support the intiative
epetitions are signed online, this is more effective in reaching a younger audience
MPs are obligated to present to the house, but are not obligated to act upon them

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7
Q

strengths of petitions

A

easy way of showing support
epetitions are efficent
MPS are obligated to present
cheap and easy to organise

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8
Q

weaknesses of petitions

A

members of parl are not obligated to act upon
can be ignored/ have minimal impact w not a lot of power
epetitions don’t capture everyone
authenticity of epetitions are questionable w robots

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9
Q

demonstrations

A

large gathering of people in a public place to show disapproval or support of a law/chnage

eg protests for lockdowns, teacher, nurse strikes

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10
Q

strengths of demonstrations

A

quickly gain gov attention
increase awareness may cause social change
draw attention b/c public so can hold gov accountable
gain media attention

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11
Q

weaknesses of demonstrations

A

public dirbution, may turn people off the cause
time consuming
negatively impact daily lives
people can get hurt
may lead to misuse of police resources

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12
Q

how are the courts used as a method to initiate law reform?

A

establishing a precedent through test case, if no legislation take a case to court. the decision forms precedent.

seeking clarification on phrases in act, take matter where judges can interpret wording to clarify/update the meaning

challenge validity of legislation, parl can only act within jurisdictional boundaries, if beyond lawmaking powers court can declare legislation ultra vires. parl cannot abrogate if const matter eg roach

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13
Q

strengths of using courts as a way to initiate law reform

A

sup courts can set binding precedent
obiter statements can draw parliament attention to change law
even if unsuscc, gain attention of com
if constitutional parl x abrogate

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14
Q

weaknesses of using courts as a way to initiate law reform

A

requirement of standing
cost of bringing a matter to court esp in high crt
time of bringing court to court
may require legal expertise
parl can abrogate
judges may be prejudicial

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15
Q

traditional media

A

non digital
high number of audiences as it has been established for lengthy period
trustworthy
information is more controlled
limited audience interaction

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16
Q

traditional media benefits

A

ability to examine, discuss and inform ppl apt legal issues, news can be accessible accessed by millions

segments on news about need for law reform, outline policy stance on law reform so held accountable

the investigate problems in communities to inform public of injustices

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17
Q

traditional media limitations

A

trad forms may not always be unbiased/independent and my present views that align w owners

news may manipulate content to alter comm perception of an issue

more broadcasting time is given to groups which support views similar as owners

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18
Q

new media

A

digital media
lower audience with older groups
less trustworthy
less controlled
high audience interaction

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19
Q

new media benefits

A

social media can generate and raise awareness on legal issues at a large scale

generate great interest and awareness of legal issues

connects people around world and can create global movementss

give individuals direct access to political parties and local members to gain insight into their view on legal issue

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20
Q

new media weaknesses

A

generally ppl don’t follow ethics code, may not be accurate or authentic information being shared

highly visual, may present a complex legal issue in simplifies matter

excessive exposure can cause ppl to be overwhelmed/ deterred form issue

owners struggle to prevent inaccurate stories being mass shared

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21
Q

indirect pressures

A

an individual or groups that exist outside of parliament

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22
Q

formal pressures

A

institutions or organisations funded by parliament

VLRC is a formal pressure b/c includes research and consultations it is a formal pressure

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23
Q

VLRC

A

a staturory body, independent govt-funded body which develops,, monitors and coordinates law reform in Victoria

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24
Q

purposes of VLRC

A

examine, report and make recommendations to AG on any proposals or matters relating to law reform in vic

improve the operation of the legal systems by ensuring laws meet community needs

education the community on its operation

25
Q

where do ideas for law reform connection

A

a formal reference form attorney general
the commission decides to bring a law reform project

26
Q

VLRC process

A

stage 1- a problem requiring law change arises and AG provides a reference to VLRC
stage 2- VLRC begins initial research into challenges/problems + male an initial report to outline these problems and make community aware
stage3- VLRC begins their consultation stage- holding roundtable meetings/ consulting,
stage4- final report for parliament with its findings and recommendations, tabled in parliament

27
Q

impact of findings

A

parliament implement all recommendations made by vlrc

parliament implement some of the changes made by vlrc

not implement any changes at all

28
Q

strengths of VLRC

A

can measure community views on areas and reflect them in its recommendations, to maintain and increase voters support generally implement law reforms which reflect views of people

vlrc, implement of parliament is unbiased and objective recommendations

vlrc can make recommendations on minor legal issues w/o reference from AG

VLRC can be high ly influential on vic parl, eg 70% of recommendations are implemented

29
Q

weaknesses of VLRC

A

limited for larger investigations by requiring AG refrence
limited in terms of ref= only areas incl in refrences
VLRC is investigated in time consuming avg 12-24 months
VLRC is limited by resources can only undertake invest into minot legal issues
only victorian law changes x commonwealth x directly recon vic parl change Cth law b/c how power to

30
Q

stage 1 of inclusive juries VLRC

A

a problem arose in the community in 2020, with community desire for change with advocacy groups and recent challenges in law re adjustments for jury service. VLRC wrote its own terms of reference

31
Q

stage 2 of inclusive juries VLRC

A

a initial report commenced with preliminary consultations with small stakeholders incl courts, academics and legal professionals and published initial research in consultation paper to make the community aware of why reform was needed and invite com to make submissions

32
Q

stage 3 of inclusive juries VLRC

A

begins consultation stage where spoke to ppl who are deaf, hard hearing, blind of low vision along w stakeholders, submissions and surveys were collated

33
Q

stage 4 of inclusive juries VLRC

A

published a final report with findings and 53 recommendations about how to enable those w disability to serve on jury,

recommendations include-
examples o adjustments incl Auslan interpreters, assistance animals, hearings loops, braile
abolish 13th person rule so doesn’t apply to Auslan interpreters and support people to work alongside jurors
disability awareness training for legal staff

results given to AG in 2022, tabled in 2023- no changes to legislation yet

34
Q

what is a royal commission and what is its purpose

A

is a formal inquiry into an area of public concern upon recommendations of the crown

aims to investigate the causes and reasons that had lead to an area of public concern and to gather evidence to support findings and make recommendations on law reform.

35
Q

how are RC established

A

Royal commission act 1902 cth
established by executive branch via governor/ general, the advice is from relevant ministers and mPS

36
Q

RC process

A

s1- an issue of concern is identifies and gg issues a letter patent outlining terms of reference, time rc is report, who will chair rc and scope of investigation

s2- gather information and determine cases incl coercive judicial procedures, incl summoning and cross examining witnesses. applying for warrant to search and seize evidence, subpoena a witness

s3- findings of rc are published in report, submitted to gg, tabled in parliament; however, no requirement for palr to adopt

37
Q

Royal Commission into Aged Care Quality and Safety 2018-

A

in resins to com concern about reports of aged care violence, neglect, sexual abuse, exploitation, and death

lasted 28months incl 641 witnesses, 10500 public submissions

made 148 recommendations

38
Q

Royal Commission into Aged Care Quality and Safety 2018

3 recommendations

A

a new act the aged care 1997 Cth should be reported with a new act incl a new def of aged care

regulation of restraints, including an independent excerpt assessment and requiring ongoing monitoring

national registration scheme incl madatatory cert3, ongoing training, code of conduct

39
Q

strengths of RC

A

raise community awareness and interest in area of comm concern

b/c govt intimate a rc then may be more likely to act upon

independent of parliament, remain objective and unbaised

have power to enforce anyone to give evidence

40
Q

limitations of RC

A

can be used by parl to avoid getting on wit difficult legislation

time consuming avg 2-4yrs, and costly up to 60 mill

parl have no obligation to act upon

dependent on bipartisan support

41
Q

parliaments ability to respond to change

strengths

A

can make law at any time
parliament is democratically elected
can undertake comprehensive law reform
provides for debate and scrutinity
delegated lawmaking

42
Q

parliaments ability to respond to change

strengths]

parl can make law at any time

A

unlike courts where must wait for a case to come before them, parliament can legislate at any time. this also includes ability to legislate in future meaning can make a law if forsee a problem arising

43
Q

parliaments ability to respond to change

strengths

parl is democratically elected

A

MPS are obliged to act in a way that responds to the views and wants of the people

eg drafting legislation to punish offensive behaviour post police killing being filmed

44
Q

parliaments ability to respond to change

strengths

parl can undertake comprehensive law reform

A

can establish committees and has formal law reform bodies which conduct research, consult and investigate changes into the law, this can ensure any changes are effective in meeting the communities needs eg VLRC and ALRC

45
Q

parliaments ability to respond to change

strengths

parl provides for debate and scrutiny

A

leg process has many stages allowing for mPs to be informed about proposed changes and to express their views, these debates are broadcasted so public are also informed

46
Q

parliaments ability to respond to change

strengths

delegated lawmaking

A

parliament can hand over some lawmaking powers to other bodies eg cat to resolve minor civil disputes and VCAA, this allows parl to focus on prioritising areas of law reform which impact state or nation

47
Q

parliaments ability to respond to change

limitations

A

electoral pressures
delegating lawmaking powers
delays in lawmaking
impact of party politics
slow change

48
Q

parliaments ability to respond to change

limitations

electoral pressures

A

parl may be reluctant to act on controversial uses due to gov wish to remain in gov next election, here MPs may be reluctant to take a stance on matter if there is no dominant community view

49
Q

parliaments ability to respond to change

limitations

delegating lawmaking powers

A

parl likely fail to supervise delegated bodies, this can cause confusion for people in laws and can create inconsistencies

50
Q

parliaments ability to respond to change

limitations

delays in lawmaking

A

parl on can change law on days which parl is sitting, parl is only sitting 40-7o days per year, limiting the ability to change law

51
Q

parliaments ability to respond to change

limitations

impact of party politics

A

MPs are expected to represent the views of their people in electorate, but also pressure to vote along party lines which may contradict views of electorate

52
Q

parliaments ability to respond to change

limitations

slow to change

A

because changing a law includes various stages then this includes time, this is time consuming and results in delays. which may prevent society from progressing

53
Q

courts ability to respond to change

courts are independent of parl

A

judges are independent so don’t face fears of being re elected so can act more judicial activist and progressive eg Mabo case

54
Q

courts ability to respond to change

courts can bring legislative change

A

judges can adopt a judicial activist role and can lead to statutory changes, a legal ruling can bring about change in legislation

55
Q

courts ability to respond to chane

courts decisions promote consistency

A

doctrine of present w stare decisive so look back upon previous cases so can predict outcome and is consistent

56
Q

courts ability to respond to change limitations]

a case must come before the court for judicial action

A

can only influence a change if a case comes before the court and needs to be in a superior court for greater flexibility

57
Q

courts ability to respond to change limitations

decisions are undemocratic

A

don’t have to reflect the views and values of people nor community views and come from narrow SES group and impact their ability to reflect community values

58
Q

courts ability to respond to change limitations

taking a case can be time consuming and expensive

A

some may x have resources to pursue the matter unless gain support eg pro bono work eg roach

Legal 3/4 (7 decks)

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