Unit 4 - Area of Study 2 - Law Reform Flashcards

1
Q

5 reasons for law reform

A

Shifts in community values
Advances in technology
Changes in Economic Conditions
Protection of society
Improving the legal system.

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2
Q

A reason for law reform which aims to give people the assurance they are safe.

A

Protection of society

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3
Q

A reason for law reform which aims to ensure Australian’s do not suffer as a result of economic events.

A

Changes in economic conditions

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4
Q

A reason for law reform which aims to accommodate for changes such as an increase in online scams

A

Advances in technology.

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5
Q

A reason for law reform which led to the Marriage Act Amendment

A

Changes in societies values.

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6
Q

A reason for law reform which tries to create systems to better streamline the legal system so that it adequately serves the community

A

Improving the legal system

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7
Q

3 ways in which individuals and groups can influence law reform

A

Petitions, demonstrations and the courts.

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8
Q

a document, either physical or digital (e-petition), with a collection of signatures calling on the parliament to make law reform in a particular area.

A

Petitions

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9
Q

Public rallies or protests about a particular issue. Their purpose is to gain media attention and spread awareness of issues and so gain further public support.

A

Demonstrations

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10
Q

A more formal influence on law reform compared to petitions and demonstrations

A

The Courts

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11
Q

Limitations of petitions are:

A

Parliament is not obligated to accept a petition.
If the petition does not gain a large number of signatures then it is likely to be ignored.
If the petition does not align with the Governments law reform agenda, they are unlikely to act even with large scale community support.

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12
Q

Strengths of petitions are

A

If a petition gains a large number of signatures, parliament will usually address it, and this can be a catalyst for law reform.
The use and acceptance of online petitions makes it far easier to raise public awareness of issues and gain public support.
Petitions are easy to start and there is no cost involved making it an accessible option for any member of the community to take action.

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13
Q

One strength and one limitation of demonstrations

A

Demonstrations are an effective way of raising awareness of issues.
However, if demonstrations become violent, or cause too much disruption to the public, then they can be counter-productive.
Counter protests can also cause confusion over issues and also lead to polarisation of issues.

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14
Q

Mainstream media can refer to

A

Television, radio and newpapers

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15
Q

A limitation of the media in influencing law reform is

A

It can be bias or use misinformation to influence the public.

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16
Q

_________________ is an independent, government funded body that is set up to investigate areas of law that may need to be reformed.

A

Victorian Law Reform Commission (VLRC)

17
Q

Some limitations of VLRC in influences law reform are:

A

While VLRC reports will be tabled in parliament, the parliament is under no obligation to accept the recommendations.
If the VLRC has made recommendations that may be deemed too controversial, the parliament is likely to reject them.
Often the parliament will accept some recommendations, but not all.

18
Q

One VLRC inquiry relating to law reform is

A

The inclusive juries inquiry

19
Q

One recent Royal Commission is

A

The inquiry into the treatment of disabled people.

20
Q

Two limitations of Royal Commissions are:

A

They do not have to be followed by parliament. They are costly and time consuming.
Parliament could just change the law without the Royal Commission

21
Q

One strength of a Royal Commission is

A

Because the government requests the Royal Commission they are likely to implement the recommendations.
The inquiry is independent and unbiased and thorough