Government and Democracy: Ensuring effective laws Flashcards
(29 cards)
Rule of law
The principle that everyone is subject to the laws of their society, regardless of status and wealth
Laws
Legal rules or principles made by State institutions (parliaments and courts), that apply to all in a given society, and are enforced by the legal system through legal consequences.
Rules (non-legal)
principles outlining acceptable conduct that only apply to certain groups, made by leaders within the group, which are enforced through a variety of non-legal consequences
The main purpose of laws
Social Cohesion
Social Cohesion
the willingness of every member of society to cooperate with each other for mutual betterment
The role of Laws in achieving the purpose of laws
*Establishing guidelines for acceptable and unacceptable behaviors
*Outlining individual rights in the wording of laws
*Providing an avenue for peaceful and fair conflict resolution
*Administering consequences to those that do not obey the law or infringe upon the rights of others
5 characteristics of an effective law (R.E.C.K.S)
*Reflecting society’s values
*Enforceable
*Clear and Understood
*Known
*Stable
Reflecting society’s values (definition)
If a law align with the majority of society’s current values, then members of that society are more inclined to follow that law, rather than disregard it
Reflecting society’s values (ways laws can fulfil the characteristic)
*The majority of voters have elected a party with certain views to make laws and govern them- Voters elect representatives by majority to govern them, meaning that laws passed are more representative of public views
*There was a strong campaigning effort to advocate for the laws- Where citizens strongly want change that a political party has not yet suggested, groups can advocate directly to law makers to change the law to align with their values
Reflecting society’s values (ways laws may fail to fulfil the characteristic)
*The law may have been established many years ago and represents a different set of societal values- Laws are valid until changed, nullified or overridden, therefore older laws still impact us today.
*There was pressure from media or vocal minority groups who successfully advocated for change- As the law was created from the desires of minority actors, it may not reflect the views and values of the majority
Enforceable (definition)
If people break the law, it must be possible and practical to catch the violator and enforce the law
Enforceable (ways the law cam fulfil the characteristic)
*The act that violates the law is done in public- The visibility makes it easier for legal institutions such as the police to catch someone breaking the law and initiate the process of administering a consequence
*There is a reasonable volume of violations- There are enough law enforcement officers around to monitor those breaking the law. This makes the law more effective as the community knows that behaviour is being monitored
Enforceable (ways laws may fail to fulfil the characteristic)
*The act that violates the law is being done in private- The limited visibility makes it harder to monitor, therefore limiting the ability of legal institutions such as the police to investigate breaches of the law
*There is an unreasonably high volume of violations- The overwhelming of legal resources when a high number of violations occurs can limit the effectiveness of the law, as there may be a delay in investigations or those who break it, may never be caught
Clear and Understood (Definition)
It is important for the law to be written in a way so that people can understand it, so that the intent of the law is clear
Clear and Understood (ways laws can fulfil the characteristic)
*The law is written in plain English- The average person can understand the laws and follow it
*The law and its intentions are explained through media releases- Even if a law is worded or phrased in a way that is difficult to understand, the public can still comprehend the meaning and understand their obligations under the law, making them more inclined to follow it
Clear and Understood (ways laws may fail to fulfil the characteristic)
*The law is written in complex legal jargon- Most individuals are not trained in law, so laws written in complex terminology can create a barrier to it being easy for said individuals to understand, making them less inclined to follow the law
*The law is unclear in how it will apply- This is best illustrated when key terms are not defined , making it difficult for the average person to understand wat behaviors are allowed or prohibited under the law
Known (definition)
The public must know the law that governs them, otherwise they may not be aware of their obligations and follow the law. It is the responsibility of individuals to find out what the law is on a matter that affects them. If someone breaks the law and then claims ignorance of its existence, there will be no leniency. That is because ‘ignorance of the law is no excuse’
Known (ways laws can fulfil the characteristic)
*A new law or change in law is made public with a media release- occurs on government websites, social media or in the news as part of the press conferences and interviews
*Public debates about changes to law occur before a change is made- As these debates are often public, the general community is more likely to know about an imminent change and therefore more likely to follow the new law
Known (ways laws may fail to fulfil the characteristic)
*When little is made public about the law- The government has not made a change in law widely known, so, the general community may not be aware of a change in the law
*Less debated or conscientious changes to the law may not be publicised- Many laws are not subject to public debate in the media before they are created. So, laws change without the public knowing, making them less inclined to follow the rules
Stable (definition)
If a law is constantly changing, people may be uncertain as to what the law is at the present, this uncertainty can limit the ability of individuals to follow the correct, current law
Stable (ways laws can fulfil the characteristic)
*When the law has mostly stayed the same- easier for individuals to be certain about their obligations under the law and thus, follow it
Stable (ways laws may fail to fulfil the characteristic)
*When a law changes in differing directions quickly- Sudden and contradictory changes to law can make it difficult for individuals to be certain of the current state of the law, making them less inclined to follow the correct, current law
3 reasons for law reform
- Changing community values
- Technological development
- Need for community protection
Changing community values
Values and attitudes are always changing. For a law to remain relevant, it needs to align with the values of the majority of the people, so, it needs to change to reflect these values and remain relevant
