Flashcards in Chapter 2- Law Making Through Parliament Deck (25)
❓❓❓explain 'changing values on society' (reason why laws may need to change)
-laws need to change to reflect the changing social, moral, economic, and political values of the community, otherwise laws became unacceptable to the majority of people
❓❓❓give an example of 'changing values in society' (reason why laws may need to change)
-anti bullying legislation which makes serious bullying, physical, Psychological, verbal, or cyber bullying, a crime in school or in the workplace, punishable by up to 10 years in prison
❓❓❓explain 'changes in technology' (reason why laws may need to change)
-the law needs to change to meet new demands made by the introduction of new technologies
❓❓❓give an example of 'change in technology' (reasons why laws may need to change)
-in 2007 Victoria passed the up skirting legislation, banning unauthorised intimate photographs, and it is an offence to distribute the images via email or sms
❓❓❓explain 'protection of the community' (reasons why laws may need to change)
-the community needs to be protected in a variety of ways so that it can continue to function harmoniously
❓❓❓give an example of 'protection of the community' (reasons why laws may need to change)
-the increase in the number of offenders on parole who reoffend has led to the creation of new laws
E.g. 'Corrections amendment (parole reform) Act 2013 (vic)' passed to ensure safety of the community is the main consideration when deciding whether to release a prisoner on parole
❓❓❓what are three methods used by individuals and groups to influence legislative change?
-use of the media
❓❓❓what is a petition?
-a formal, written request to parliament or government to take action on a particular issue of suggested change in the law, supported by a collection of signatures
❓❓❓when is a petition effective? When it it ineffective?
-cheap and easy to organise
-if tabled in parliament, it will be recorder in Hansard on permanent record
-online petitions can gather more signatures and are less time consuming
Effective when there are many signatures indicating lots of support
❓❓❓give an example of a petition
-a community advocacy organisation on important issues, that set up an epetition on gay marriage in 2015 to amend the commonwealth marriage act so that same sex partners can be wed
❓❓❓what is a demonstration?
-an action taken to public ally display support for w particular issue or the need for a change in the law e.g. Strike, protest
❓❓❓when are demonstrations effective? When are they ineffective?
-when a large number of people are involved in the demonstration
-when combined with other methods, eg media, to gain publicity
-if many people are involved then a representative government must listen to the views of the majority, and a member of parliament is more likely to take the matter to parliament
-only a small number of people protest, as it will attract less media attention
-if there is a lot of disruption to the public then this can result in a backlash and turn the public against the cause
-if there is violence of unlawful acts t may result in negative media attention and reduce community support
❓❓❓what is an example of a demonstration?
-2015 protests against the building of a mosque in Bendigo
-'march in March' protests
❓❓❓what is 'use of the media'?
-using newspapers, to, or radio to create public awareness of an issue and influence a change in the law
❓❓❓when is the use of the media effective? When is it ineffective?
-when combined with other methods, such as demonstrations
-demonstrates public support for the issue to parliament
-politicians can gauge the feelings of the people and influence change in the law
-the argument may not be expressed well or persuasively
-the media do not publish all the different views on an issue (biased)
❓❓❓what is an example of the use of the media?
-Animal Justice party is advocating for the banning of jumps racing in Victoria and south Australia, saying it's cruel and unsafe 'entertainment', taking out ads in newspapers, and speaking out on talkback radio
☀️☀️☀️VICTORIAN LAW REFORM COMMISSION
-came into operation on 6th April 2001
-power is given by 'Victorian Law Reform Commission Act 200'
-independent, government funded
-reports to state attorney-general
❓❓❓what is the role of the VLRC?
-law reform recommendations on minor matters referred to it by the Attorney-General
-can suggest a law reform project to the Attorney-General
-educates the community on areas of law relevant to the commission's work
-monitors and coordinates law reform activity in Victoria
❓❓❓what is the process of the VLRC?
-reviews current law to find out how it operates in practice
-identifies problems or omissions
-consults with the public, interested parties/groups, experts and other countries to gain insight on problems and suggestions for changes and improvements to the law under review
-creates a report with recommendations which must be tabled in parliament by the Attorney-General within 14 sitting days
❓❓❓what are three strengths of the VLRC?
-the government asked the VLRC to investigate an area and therefore are more likely to act on its report on the need for change
-it can gauge public opinion by receiving public submissions and holding seminars where people can have their say
-it can investigate an area comprehensively so the government can initiates new law that covers a whole issue e.g. 'Abortion Law Reform Act 2008'
❓❓❓what are three weaknesses of the VLRC?
-can only investigate issues referee to it by the government or minor issues that it took into without a reference
-there is no obligation on the part of the government to follow any of the recommendations made
-investigations can be time consuming and costly
❓❓❓name the stages of the legislative process
-compatibility statement is read
-second reading speech/formal debate
-committee stage: consideration in detail
-sent to second house (1st, 2nd, 3rd readings, committee of the whole)
☀️☀️☀️SUPREMACY OF PARLIAMENT
-parliament is the supreme law making body in the system of government
-pass new legislation whenever it wishes to
-pass laws that amend existing legislation or abolish laws made by itself in the past
-create legislation that cancels law made by courts
-pass new law that confirms or expands upon laws made by courts
❓❓❓what is a bill?
-a proposed legislation