Legal Studies U4 AOS2

Question 1

What are the reasons for law reform?

Answer 1

Shifts in community values
Advances in technology
Changes to economic conditions
Protection of society
Improving the legal system

Question 2

What are influences on law reform?

Answer 2

Petitions
Demonstrations
The use of the courts

Question 3

What is a petition?

Answer 3

A formal document addressed to the government that is signed by individuals who are demanding action or legislative reform.

Question 4

Strenghts of petition

Answer 4

Free and convenient
Bring large public interest

Question 5

Disadvantages of petition

Answer 5

Parliament has no obligation to act

Question 6

Demonstrations

Answer 6

Public protest to a law or action undertaken by a large group of people.

Question 7

Disadvantages of demonstrations

Answer 7

Can be disruptive and violent, bringing negative attention

Question 8

Advantages of traditional media

Answer 8

Large audience
Educative function
Easily accessible

Question 9

Disadvantages of traditional media

Answer 9

Easily saturated
Biased

Question 10

Advantages of social media

Answer 10

24/7 cycle
Large audience
Educational

Question 11

Disadvantages of social media

Answer 11

Easily saturated
Quality of information can vary

Question 12

What is the Victorian Law Reform Comission (VLRC)

Answer 12

The central, independent law reform body in Victoria which investigates a wide range of matters, concerning both the criminal and civil justice system, and provides recommendations to the Victorian Parliament about areas of potential law reform.

Question 13

Roles of the VLRC

Answer 13

Make law reform recommendations on matters referred to it by Attorney-General
Make recommendations on minor legal issues of general community concern
Provide educational programs
Conduct inquiries

Question 14

What is a royal comission?

Answer 14

An advisory body appointed by the government as a last resort to complete public inquiry into issues of great importance.

Question 15

Roles of royal comission

Answer 15

Receive and analyse a terms of reference
Undertake research and prepare consultation papers
Seek submissions from the community
Present a final report to parliament with recommendations for law reform

Question 16

Reasons for constitutional reform

Answer 16

Shifting societal attitudes
Rights’ protection
To remove or give power to the states
Global events
High Court decisions
Political agendas
Reconciliation with First Nations peoples
To create better political/ legal processes.

Question 17

s128 of hthe Consittution

Answer 17

Section 128 of the Australian Constitution protects the wording of the Constitution from being arbitrarily changed in order to protect the rights of Australians.

Question 18

How many referendums have there been, and how many have been successful?

Answer 18

Forty-five have been put forward, only eight have been successful.

Question 19

What is a double majority?

Answer 19

A voting system that requires a majority of voters Australia-wide to vote ‘yes’, and a majority of voters in the majority of states to vote ‘yes’.

Question 20

Factors that affect the success of a refernedum

Answer 20

Bipartisan support
Support from state governments
The complexity of the proposed amendment
Conservatism
Views towards the politician/ party proposing the referendum
Strength of the ‘yes’ and ‘no’ campaigns.