Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Studies 3/4 > U4AO2 - Reform - Law Reform > Flashcards

U4AO2 - Reform - Law Reform Flashcards

1
Q

Define law reform

A

the amendment, progression, and/or modernisation of law by aligning it with societal attitudes, removing defective elements, and improving its effectiveness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Reasons for law reform x5

A
  • Shifts in community values
  • Advances in technology
  • Chnages to economic conditions
  • Protection of society
  • Improving the legal system
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Explain shifts in community values

A

Shared belief of the community is always changing, so the law must be changed to ensure citizens are more likely to follow and respect the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Explain advances in technology

A

Tech advances have numerous implications for many areas of law. When new technology can lead to a new form of harm, or current legislation is made obsolete by technology, laws must be changed to protect people (e.g. stalking and cyberstalking)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain changes to economic conditions

A

As economic conditions are constantly changing, legislation must be created or amended to reflect the communities needs throughout various economic events. Legislation must also reflect the effects of unusual economic events, and their effects on people’s income, employment and spending.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain protection of society

A

When existing laws don’t adequately protect a specific group of people, law reform is necessary. As new sources of harm can develop and change over time, legislation must be constantly amended and reviewed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Explain improving the legal system

A

To better achieve justice for all parties, structure and systems in the legal system must be changed. This may include better access to legal information and advice, or more equal access to the justice system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define a petition

A

A formal document addressed to the government that is signed by individuals who are demanding action or legislative reform

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Strengths of a petition in influencing law reform x3

A
  • Convient and free
  • Relevant minister is required to respond
  • Petitions with large number of signatures can raise awareness in media and community for issue, even if no legislative change occurs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Limitations of a petition in influencing law reform x3

A
  • Not effective if small/medium numbers
  • Up to relevant minister if petition will be actioned
  • Usually need to be about relevant legislative issues for parliament to pay attention
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define demonstration

A

Public protest to a law or action, undertaken by a large group of people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Strengths of a demonstration in influencing law reform x3

A
  • Disruptions cuase can be effective in having demands met swiftly (e.g. workers strikes)
  • Large number of people can be good for gaining publicitiy for a common issue
  • Representative nature of parliament means MPs should be paying attention to the number of constituents present at a demonstration
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Limitation of a demonstration in influencing law reform x3

A
  • Demonstrations not immediately followed by further action may lead to lack of momentum
  • Disruption caused by demonstrators can result in negative media attention, and therefore negative community attention
  • Demonstrations are difficult/time-consuming to organise
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Strengths of the courts in influencing law reform x3

A
  • Courts may establish a new precedent
  • Parliament may codify common law principles into statutory law
  • Even if unsuccessful in court, attention may be garnered that cna prompt legislative change
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Limitations of the courts in influencing law reform x3

A
  • Must have standing, and enough evidence to have a favourable outcome
  • Parliament may abrogate law due to supremacy of parliament
  • Pursuing litigation is time consuming/expensive, may deter individuals from bringing case to court, limiting their ability to create common law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Role of the media in law reform

A

Inform and educate the people about current political and legal issues, leading to shifts in community values as people are educated about certain views or opinions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define tradtional media

A

mechnaisms for spreading information that began before the 21st century, such as newspapers, television and radio

18
Q

Strengths of traditional media in influencing law reform x4

A
  • Govt. may be fearful of negative media representations, and reform the law following in depth media investigation which expose poor practice
  • Financial resources and political connections to investigate contentious issues
  • Newspapers conduct surveys and polls, allowing MPs to understand their popularity, inspiring them to initate law reform should they be unpopular
  • Accessible, especially for older generations
19
Q

Limitations of traditional media in influencing law reform x4

A
  • Strong bias, may present misleading information, limiting ability to inform people of relevant issues
  • Media ownership causes this bias, influencing people and law-makers for personal gain
  • May push against law reform
  • Sensationalism or oversimplified headlines may lead to misinformation as people believe what they see at face value, reducing the level of meaningful influence trad media can have on law reform
20
Q

Define social media

A

mechnaisms for spreading information that began in the 21st century, such as Facebook, Instagram and X (formerly Twitter)

21
Q

Strengths of social media in influencing law reform x6

A
  • Social media can help govt know there is popular support for an issue, increasing likelihood of reform
  • Communities can gather support for themselves rather than waiting for mainstream media
  • Individuals can share their own stories, inspiring others to begin campaigning for legislative change
  • Worldwide, so international law reform can influence Australians to campaign for change
  • MPs can engage with consitutents directly through social media, allowing them to understand views of their constituents, allowing for law reform
  • Free, easily accessible
22
Q

Limitationsof social media in influencing law reform x4

A
  • Can push against law reform
  • Echo chambers mean people are unlikely to see new info, leading to uninformed decisions influencing law reform
  • Parliament usually only reforms legislation already on their agenda
  • Fake news can be easily spread, leading to misinformation leading law reform
23
Q

Strengths of media in influencing law reform x3

A
  • Broad reach, show MPs popularity of law reform
  • Investigative journalism can pressure parliament into law reform
  • Social media is free/easily accessible
24
Q

Limitations of media in influencing law reform x4

A
  • Oversimplified issues, misguided public
  • Usually has to align with political agenda
  • Media organisations may present biased ifnromation, misguided public
  • Misinformation (esp. social media) may lead to people being against reform due to being wrong about the facts
25
Q

Define the Victorian Law Reform Commission (VLRC)

A

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.

26
Q

Role of the VLRC x5

A
  • Recieve and analyse Victorian Attorney-General’s terms of reference
  • Investigate minor community legal issues
  • Conduct inquiries
  • Monitor and coordinate law reform
  • Provide educational programs
27
Q

Steps of VLRC inquiry x6

A
  • Project is initiated
    -Initial research and formation of consultation committee
  • Consultations and submissions
  • Report
    Tabling
  • Government response and changes to law
28
Q

Terms of reference of stalking VLRC x4

A
  • Current legislation
  • Barriers stopping victims from reporting
  • Sentancing pratices
  • Existing criminal offences, and evidence required to establish the offence
29
Q

Submissions from stalking case info

A
  • over 360 submissions
  • Individuals who experienced stalking
  • Australian Association of Social Workers
  • CLCs
30
Q

Recommendations tabled x3 for stalking case

A
  • 45 recommendations total
  • Reform to stalking offence in Crimes Act to enhance clarity and practicality
  • Provide relevant training to court officers to let them appropriately addres and manage cases
  • Provide resources/education involving non-family violence stalking and cyberstalking
31
Q

Strengths of VLRC in influencing law reform x6

A
  • Terms of reference received from an MP, recommendations more likely to be considered
  • Independantly able to initate small projects, specifically helping smaller communities
  • Submissions increase rep. nature of parliament, meaning govt. more likely to respond to recommendations
  • Expert consultation allows for thorough investigation of law
    -Independant
  • 75% of recommendations have been implemented, showing success in advising areas of law reform
32
Q

Limitations of VLRC in influencing law reform x6

A
  • Not obligated to implement any recommendations
  • Limited by terms of reference
  • Time consuming, slow law reform
  • Stalking yet to have recommendations implemented, time consuming
  • Costly, limiting scope of VLRC investigations
  • Only Victorian not Commonwealth law reform recommendations
33
Q

Define Royal Commission

A

The highest form of inquiry, which investigates a particular issue through consultation with experts and the community, then develops a final report of recommendations for law reform which is tabled in parliament.

34
Q

Roles of Royal Commission x6

A
  • Receive and analyse a terms of reference
  • Undertake research and prepare consultation papers
  • Seek submissions from the community
  • Conduct hearings
  • Engage in coercie powers of investigation
  • Present a final report to parliament with recommendations for law reform
35
Q

Reason for establishing Robodebt scheme

A

The Robodebt scheme was a established by the Federal Government as a debt recovery scheme, to get people who had underreported their income on centrelink to pay back debts to the government. However, the technology was broken, and led individual paying for debts they didn’t owe, totalling about $746 million

36
Q

Terms of reference of Robodebt inquiry x4

A
  • Who was responsible, why was it created
  • What issues were raised
  • Use of 3rd party debts
  • Intended and actual outcomes of scheme
37
Q

Investigative process Robodebt

A
  • 1099 submissions
  • Over 100 witnesses
  • Used coercive powers of investigation on senior govt. officials
38
Q

Recommendations from robodebt x3

A
  • Services Australia (department that magnages Centrelink) should be aware of and consider vulnerable recipients othat may be impacted by its programs
  • Services Australia should provide more face-to-face support for vulnerable recipients
  • Services Australia should develop a comprehensive debt recover management policy
39
Q

Strengths of Royal Commissions to influence law reform x7

A
  • Comprehensive investigation allows for insightful recommendations
  • Independant of government, no political bias
  • Established by government, more likley to implement law reform
  • Govt can determine public support on an issue, and may initiate legislative reform to ensure re-election
  • Coercive powers of investigation, allowing full turth to emerge, allowing for better recommendations
  • Public hearings and community submissions allow public to influence law reform
  • Tabling in parliament ensures issues directly given to MPs
40
Q

Limitations of Royal Commissions to influence law reform x5

A
  • Very rarae
  • Very expensive
  • Not obliged to follow any recommendations
  • Time consuming (experts, hearings, witnesses, submissions, etc.), therefore slow law reform
  • Dependant on governments willingness to have an issue investigation

Legal Studies 3/4 (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions