Term 1 (Law Reform) Flashcards

1
Q

What is Law Reform and its three aspects?

A

Law reform is about changing the law to improve it. Its three aspects are:
1) Conditions (why?)
2) Agencies (who?)
3) Mechanisms (how?)
Conditions that give rise to law reform lead to agencies that recommend for law reform which leads to mechanisms that enact law reform.

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2
Q

What are some conditions that lead to change in law?

A
  • Changing social values
  • New concepts of justice
  • New technology
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3
Q

What are some examples of changing social value that led to law reform?

A
  • In 1984 NSW decriminalised homosexuality: The Crimes (Amendment) Act 1984 (NSW)
  • Amendments to the Fair Work Act in 2014 to allow for workers to ask for flexible work arrangements due to family violence.
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4
Q

What are some agencies of law reform?

A
  • law reform commissions (ALRC, NSWLRC)
  • the media
  • NGO’s
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5
Q

What are some mechanisms of law reform?

A
  • courts
  • parliaments
  • UN
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6
Q
A
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