U4 4.2.2 - The means by which individuals can influence law reform Flashcards
What are three ways an individual or group can influence law reform?
petitions, demonstrations and the use of courts
What are some rules of petitions?
to be accepted for consideration, the petition must be prepared in a particular format, which vary between state/territory parliaments
- is addressed to the house in which it is being presented
- clearly states actions requested and reasons why
- word limit
- contains details of person/group initiating the petition
What is a petition?
A formal written request to the parliament to take some action or implement law reform
What are demonstrations?
A gathering of people to protest or express their common concern or dissatisfaction with an existing law as a means of influencing law reform
- can alert government for a need for change in the law
- raise awareness for legislative changes
What are some examples of petitions?
logging prevention, banning live animal exports, banning plastics
Are petitions effective?
the ability to influence law depends on various factors:
- number of signatures (indicates community support)
- passion and profile of the presenting member of parliament
What are some examples of demonstrations?
- school strike for climate change
- January 26 (australia/invasion day)
Are demonstrations effective?
Largely depends on their ability to attract media and public attention
an effective demonstration can:
- educate the public about injustices
- influence members of parliament, therefore elections
factors can make a demonstration ineffective:
- violence or inconvenience
- small amounts of people in attendance
What are the use of courts?
Individuals with standing may bring change in the law by taking a matter to court, highlighting the need to change
How does the use of courts work?
if parliament makes a law that is unclear or unfair, an individual may challenge the legislation through the court system in the hope a judge will interpret or clarify the meaning of the law in their favour
What are some examples of the use of courts?
- Mabo
- McBain
- Trigwell
Is the use of courts effective?
Depends on factors such as:
- willingness of a person to take a case to court
- cost and time
- standing