U4: AOS2 (Law Reform) Flashcards
4 reasons for Law Reform
1) Shifting Community Values
- Must change to reflect evolving attitudes/views
- eg. Same-sex relationships, rights of children/women, environment
2) Technological Developments
- Must change to address new areas created by technology
- eg. Privacy laws, defamation laws
3) International Relationships
- Must change to address Australia’s evolving relationships with other nations
- eg. Treaties, agreements, migration laws
4) Needs of a Business
- Must change to address changes in an economic climate
- eg. Online shopping/transactions, taxation, privacy/copyright
What are 3 ways individuals can influence change in the law?
1) Petitions
2) Demonstrations
3) Through the courts
1) What are Petitions?
2) Strengths
3) Weaknesses
1) A formal request for parliament to take action on an issue.
2)
- Can attract media/commercial attention
- Many signatures can be influential
3)
- Counter-petitions can reduce impact
- Few signatures are not influential
1) What are demonstrations?
2) Strengths
3) Weaknesses
1) Individuals/groups, on a large/small scale, voice their disapproval of a specific area of law through rallies/marches/boycotts.
2)
- Likely to have a big media impact
- Larger rallies show the popular need for change
3)
- Can be time consuming = takes time coordinating
- Small demonstrations often have little impact
1) What is using the courts?
2) Strengths
3 Weaknesses
1) Individuals can pursue cases through the court system and seek to draw attention to their issue/pressure MP’s to take action
2)
- Often televised = big media impact
- Can generate MP sympathy/support
3)
- Court cases are very time consuming and may be ineffective
- Case will cost a lot of money, may not even be able to sustain it
What are 3 ways the media can influence law reform?
1) Provides instantaneous means of sharing info (quick results)
2) Connects people domestically/internationally (larger audience)
3) Easily incite/encourage action from the public (gain MP awareness)
1) What is the Victorian Law Reform Commission?
2) What is its role?
1) An independent, government-funded organisation that develops, reviews and recommends reforms to Victoria’s state laws.
2)
- Consults community to find out if change is needed (interviews, surveys)
- Inquire, investigate areas of recommended reform
- Prepare report on recommended reform for Attorney-General
1) Strengths of the VLRC
2) Weaknesses of the VLRC
1)
- Independent of parliament = unbiased
- Enabled to seek community input = represent people
2)
- Limited resources (time + money)
- Restricted by Attorney-General’s references
What is an example of the VLRC’s law reform?
The legalisation of medicinal cannabis.
- Gained community feedback that there was a need for cannabis to treat ailments
- Prepared report for AG and resulted in its legalisation
1) What is a Royal Commission?
2) What are their roles?
3) What is an example?
1) A public inquiry appointed by the Crown to investigate an issue of public interest.
2)
- Used by government to shift decision-making responsibility in controversial areas (deflect criticism from government)
- Operate on an ad hoc (as needed) basis
3) Royal Commission into Family Violence
1) What is a Parliamentary Committee?
2) What are their roles?
3) What is an example?
1) A group of MP’s who investigate issues which may give rise to law reform and report these findings to parliament.
2)
- Provide parliament with advice on issues
- Assess community views via inquiries
- Make recommendations based on gathered evidence
3) Standing committees (appointed for the life of a parliament, re-established after the next election)
How can Parliament respond to the need for law reform?
1) Positives
2) Negatives
1)
- Elected by the people (represents community views)
- Adequate resources (has funding to investigate issues)
2)
- Time consuming (legislative process is lengthy)
- Reluctance of MP’s (reform is dependent on whether MP is willing to adopt issue)
How can the Courts respond to the need for law reform?
1) Positives
2) Negatives
1)
- Obiter Dicta statements (can influence parliament to approach issues)
- Precedents (can legislate in issues arising from new areas in the law)
2)
- Judges are not elected by people (may not represent community interests)
- Judicial conservatism (may not be willing to approach controversial/new issues)
Royal Commissions (RC) + Parliamentary Committees (PC)
1) Similarities
2) Differences
1)
- Both conduct public inquiries into the community to determine areas for reform
- Report findings to crown/parliament to advise on areas for reform
2)
- RC (appointed by Crown) PC (appointed by parliament)
- RC (independent of gov) PC (set up by gov)
