Legal Studies U4 AOS2 Flashcards
What are the reasons for law reform?
Shifts in community values
Advances in technology
Changes to economic conditions
Protection of society
Improving the legal system
What are influences on law reform?
Petitions
Demonstrations
The use of the courts
What is a petition?
A formal document addressed to the government that is signed by individuals who are demanding action or legislative reform.
Strenghts of petition
Free and convenient
Bring large public interest
Disadvantages of petition
Parliament has no obligation to act
Demonstrations
Public protest to a law or action undertaken by a large group of people.
Disadvantages of demonstrations
Can be disruptive and violent, bringing negative attention
Advantages of traditional media
Large audience
Educative function
Easily accessible
Disadvantages of traditional media
Easily saturated
Biased
Advantages of social media
24/7 cycle
Large audience
Educational
Disadvantages of social media
Easily saturated
Quality of information can vary
What is the Victorian Law Reform Comission (VLRC)
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.
Roles of the VLRC
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
What is a royal comission?
An advisory body appointed by the government as a last resort to complete public inquiry into issues of great importance.
Roles of royal comission
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
Reasons for constitutional reform
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.
s128 of hthe Consittution
Section 128 of the Australian Constitution protects the wording of the Constitution from being arbitrarily changed in order to protect the rights of Australians.
How many referendums have there been, and how many have been successful?
Forty-five have been put forward, only eight have been successful.
What is a double majority?
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’.
Factors that affect the success of a refernedum
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.
