law reform unit 4 aos2B Flashcards
what are four reasons for law reform
1- community values
2- changing nature of technology
3- protection of community
4- changing exprectations of legal system
what are changing community values
def and examples
def:
changing community values refers to a shift in what the community deems as the ‘norm’ when it comes to belief morals and ethics. These values and beliefs to be a just and fair society should be
examples:
- legal abortion
- same sex marriage
- euthanasia
what is changing nature of technology:
def and examples
def:
changing nature of technology refers to efficient and fast development in technology for commercial purposes, often lead to the law failing to catch up. when this occurs, peoples safety can be put at risk as technology can be used to cause harm.
examples:
- the use of social media among young people
- the use of drones and privacy
- face recognition
what is changing community protection
def
examples
def:
- as society becomes better educated and more informed about the issues and the world around them, individuals are more likely to question the law and require that the law be amended to reflect the current state of play
examples:
- human rights advocacy
- use and treatment of animals for scientific and commercial purposes
what is changing expectations of the legal system
def
examples
def:
- the way people view the role of the law has overtime. in the past the law was seen as a way to regulate behaviour and identify norms. today society expects the law uphold rights, protect them from harm and bring about justice
examples:
- wearing masks
- regulations to protect privacy
what are the methods to influence law reform
x4
what is law reform?
def- means actions taken by individuals or organisations to influence law reform
1- petitions
2- demonstrations
3- use of courts
4- pressure and interests of groups
methods to influence law reform:
1- petitions
what are they and one example
def- formal requests for plmt to introduce or change a law based upon signatures from individuals
examples:
- change.org campaign for making voting centres wheelchair accessible
4 x strengths of petitions
1- easy way of showing support
2- e petitions are quick and easy for ppl to sign
3- mps obligated to sign petitions
4- cheap and easy to organise
4 x weaknesses of petitions
1- mps of plmt must be presented however do not act upon it
2- e petitions could be signed by bots
3- petitions can be ignored easily
4- peititons can take time to gather
methods influence law reform :
2- demonstrations
what are they and one example
def- gathering of a large group in a public place to express disapproval toward a particular law
example:
- school strike for climate change
4 x strengths of demonstrations
1- increase awareness
2- holds govt to account more likely to react
3- gain media attention
4- phyucal demonstrations affect more
4 x weaknesses of demonstrations
1- ppl can get hurt by certain actions
2- cause disruptions
3- leads to misuse of police recources
4- cause anger for communities as daily lives affected
methods influencing law reform
3- courts used
how do ppl do this
rstablishing a precedent through a test case
seeking clarification on phrases in acts
3x strengths of courts used
1- superior courts can set a binding precedent
2- even if case unsucessful= gain attention of community
3- accessible for ppl wanting reform
3x weaknesses of courts used
1- costs and time to bring a case to court
2- individuals must have “standing”
3- plmt can abrogate decision
media and law reform:
traditional media
what is it
4 x featurees
def- mediums often non digital eg newspapers or radios
features:
- high number of audiences
- more trustworthy
- info is more controlled
- limited audience interaction
traditional media
2 x benefits
1- influence law reform through its ability to examine discuss and inform people of legal issues. newspapers and radios = major source + accessed by millions > shape views and attitudes of audience
2- television programs investigate problems in community to inform injustices. this can assist govt to decide if there is sufficient support for change in law
traditional media
2 x limitations
1- may not always present info in an unbiased and independent manner however reflect political interests of owners
2- tv can manipulate content in attempt to alter communities perception if owners of organisation that does not support beliefs
media and law reform:
new media
what is it
3 x features
def- associated with social media. eg apps,phone
features:
- lower audience usage
- less trust worthy
- high audience interaction
new media
2 x benefits
1- social media connects people around the world and can be used by global reform for example world refugee crisis
2- lawmakers themselves can monitor social media coverage
new media
2 x limitations
1- social media platform are highly visual that can include graphic images> evoke emotional responses> may make decisions without a basic understanding
2- owners of social media platforms habe struggled to stop the spread of harmful or inaccurate stories
victorian law reform commission
definition
3 x purposes
where do they come from x2
def: statutory body developed by the act the vlrc act 2000
- independent govt funded body that is responsible for developing monitory and coordinationg law reform
purposes:
- example report and make reccomendations to the attorney on matters relating to law reform
- improve operations of legal system
- educate community
where do they come from?
- formal reuquest by attorney general
- community law reform project
process of vlrc
4 stages
stage 1 - a problem arises in society and there is desire for change in the law
stage 2 - vlrc begins research to see what challenges exist and make community aware
stage 3- vlrc begins consultation stage= holding meetings, inivting community members etc
stage 4- vlrc produces their final report for plmt > tabled in plmt for discussion
3 x strengths of victorian law reform commision
1- vlrc can measure community views therefore this should increase the likelihood of the govt. implementing its reccomendations
2- vlrc is independent of plmt therefore remains objective and unbiased in making reccomendations
3- vlrc can be highly influential on plmt
3 x limitations of victorian law reform commision
1- no obligations for plmt to support or introduce new law reform
2- vlrc investigations can be time consuming and costly
3- vlrc is limited by its recources therefore can only take investigations into minor legal issues
process of victorian law reform commisions and inclusive juries
4 stages
with 3 reccomendations
stage 1- 11th of march 2020 commented project due to cal for change in advocacy groups and challenges to law
stage 2- made community aware that consultation is occuring
stage 3 - consultations to small groups of advocacy eg: courts or legal professionals
stage 4- 53 reccomendations were made, 30th july 2021, report was delivered by attorney general
1x= the final decision about whether a person should be able to serve on the jury should be made by the judge
2x= auslan interpreters should undertake training to work with jurors
3x= disability awareness training should berequired for judges lawyers and court staff working with juries
royal commissions
definiiton
purpose
2 x how they are diff to vlrc
def:
- a formal requires in a particular area of law or public concern upon reccommendation of the crown
- royal bc made by the head of state through representatives
purpose:
- investigate causes and reasons that has led to an area of public concern as well as gather evidence of support
diff to vlrc:
1 - focus on one important issue and work for a specific period of time
2- special powers including powers to subpoema witnesses and near sworn evidence
process undertaken by royal commissions
3 x stages
stage 1 - an issue of concern is identified. the governer general issues a letter patent outlining terms of reference time by which rc will report
stage 2- to gather info and use unique powers outside of crts
- summons and cross examine witnesses
- apply for warrants
- provide protection for witnesses
stage 3- findings from royal commision are published in a report, submitted by governer general
royal commision aged care quality and safety 2018
facts
why it was initiated
reccomendations
facts:
- est in october 2018
- in response to reports of widespread violence and neglect and sexual abuse of elderly residents within age care system
why was it initiated:
- 2008 a resident was murdered by a fellow patient
- reports of over medication of residents
- lasted for 28months
reccomendations:
1 - national registration scheme= mandatory minimum qualifications
2- increase in ward wages= reflect values of age care employees
2 x strengths of royal commissions
1- govts can use the findings and reccomendations of royal commission to justify need to make changes in law
2- royal commision are independent of plmt therefore more likely to remain objective and unbiased in making reccomendations
2 x limitations of royal comissions
1- no obligations in plmt to support or introduce law reform made by royal commision
2- ability of royal comission to influence law reform is based off timing of its reporting
parliaments ability to respond to law change
def:
if statute law and common law conflict, statue law will prevail
strengths of parliament no.1
parliaments can make laws at any time
parliament can legislate whenever the need arises. as well as make laws in the future. Therefore if a problem arises they can minimise the problem
strengths of parliament no.2
parliament is democratically elected
because parliament is elected by people therefore memebrs of plmt are obligated to act in a way that responds to the needs of the people and ensure laws made reflect the views of the ppl
strengths of parliament no.3
parliament provides for debate and scrutiny
legislative prcoess has many stages> allow parliament to be informed of the proposed changes and express their views. therefore members of plmt can process law reform
limitations of parliament no.1
electoral pressures
parliament may be reluctant to act on controversial issues due to the govts wish to remain in govt. for next re election
limitations of parliament no.2
delegating lawmaking powers
parliament has the authority to delegate their law making powers for efficiency, however they often fail to supervise delegated legislation. Therefore, laws can be confusing for people and considered inconstant
limitations of parliament no.3
sitting days of plmt
to change law parliament must be sitting only approx 40-70days they can only sit a year, therefore laws may be delayed in being passed
strengths of courts as lawmakers
1- courts can bring about legilsative change
courts can bring about legislative change and law reform. judges are willing to adopt judicial activist role, decision of courts can lead to statutory changes
strengths of courts as lawmakers
2- courts are independant of plmt
as judges do not have to worry about being re elected, they can act in a more judicial activist manner and bring about more progressive law reform
strengths of courts as lawmakers
3- court decisions promote consistancy
the doctrine of precdent is an efficient way for judges to look back at previous cases to inform their judgement based off “stare decisis”.
common law decisions also promote consistancy and fairness where individuals can predict their outcome
limitations of courts as lawmakers
1- cases must become before the courts for judicial activism
courts can only influence law reform if a case comes before the court. this case generally occurs in a superior court and is sufficiently unique. if this does not occur there is inability in effective law reform
limitations of courts as lawmakers
2- decisions by judges are undemocratic
because judges are appointed not elected they do not have the necessary requirement to ensure changes for their community. judges= vary narrow socio economic groups therefore decrease ability to reflect community values
limitations of courts as lawmakers
3- taking a case to court = time consuming and costly
not all invidividuals may have recources to pursue their matter unless recieve suppport
