U4 4.2.2 - The means by which individuals can influence law reform Flashcards

1
Q

What are three ways an individual or group can influence law reform?

A

petitions, demonstrations and the use of courts

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1
Q

What are some rules of petitions?

A

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

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2
Q

What is a petition?

A

A formal written request to the parliament to take some action or implement law reform

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3
Q

What are demonstrations?

A

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

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4
Q

What are some examples of petitions?

A

logging prevention, banning live animal exports, banning plastics

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5
Q

Are petitions effective?

A

the ability to influence law depends on various factors:
- number of signatures (indicates community support)
- passion and profile of the presenting member of parliament

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6
Q

What are some examples of demonstrations?

A
  • school strike for climate change
  • January 26 (australia/invasion day)
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7
Q

Are demonstrations effective?

A

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

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8
Q

What are the use of courts?

A

Individuals with standing may bring change in the law by taking a matter to court, highlighting the need to change

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9
Q

How does the use of courts work?

A

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

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9
Q

What are some examples of the use of courts?

A
  • Mabo
  • McBain
  • Trigwell
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10
Q

Is the use of courts effective?

A

Depends on factors such as:
- willingness of a person to take a case to court
- cost and time
- standing

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