Law Reform Flashcards
(43 cards)
Define Law Reform
Implementing changes to existing laws with the aim of enhancing justice
When Does Law Reform Occur?
o Laws are no longer appropriate for our society they must changed
o New gaps in our laws arise things need to change
o Usually takes a while to occur due to the lengthy process by which laws must go through
- Especially when political parties are disagreeing
- When political members are going against the majority perspective of their electorate
o Often drastic community action needs to occur for law reform to occur
What Are Conditions Of Law Reform?
o Changing social values
o New technology
o Failure of existing Laws
o New concepts of justice
Define Social Values
The ideals and moral principles that ppl in society hold
How Can Changing Social Values Lead To Law Reform?
o When the majority of society holds certain views then this can push for law reform to align with these new values
o As society changes, the challenges for law is for it to continue to reflect and embody society’s morals and values
o It has to reflect the majority of society not all
How Can New Technology Lead To Law Reform?
o New technology has led to significant law reform in the last two decades
o New technology impacts law reform in two main ways:
- Development of more sophisticated crime investigation and evidence gathering techniques
-> Meant that new laws had to be enacted to deal with
- Lead to new areas of computer related crimes
-> Hacking
-> Viruses
o New technology may render old laws irrelevant. It is the role of parliament to amend or revoke out of date laws to ensure that our laws continue to serve society
o Although tech can push for law reform, due to the slow nature of reform, by the time it is put in place, tech may have already changed
How Can New Concepts of Justice Lead To Law Reform?
When the law isn’t ensuring just outcomes for individuals & society there may need to be law reform
How Can Failure of Existing Laws Lead To Law Reform?
o Laws can become obsolete or unnecessary over time
- Most unlikely that many of the laws in use 100 years ago could still operate effectively today
o Obsolete or irrelevant laws can be left in place but simply not enforced
Define Agencies of Law Reform
The groups/organisations whose job it is to investigate, report & reach conclusions on whether or not a law needs to be changed and to what extent it needs to be changed
List Agencies of Law Reform
o Law reform commissions
o NGO’s
o Media
o Parliamentary committees
o Lobby groups
There Are Two Kinds Of Agencies What Are They?
Legal and non-legal measures
What Are Legal Measures Of Law Reform?
o Law reform commissions:
- Australian law reform commission
- NSW law reform commissions
o Parliamentary commissions
- Senators only
- House of representative
- Joint committee
Outline Law Reform Commissions
o Established by the Federal or individual state governments & located in most states/territories
o Job is to investigate & make reports with recommendations for ways to modernise or simplify the law, or to eliminate issues in the law that already exists
o Also make recommendations on how to change our law and the way it is carried out
o Independent of the parliament
What The TWO Law Remform Commissions You Need To Know?
o Australian Law Reform Commission (ALRC) (Federal)
o NSW Law Reform Commission (NSW State)
What Act Was The Australian Law Reform Commission (ALRC) (Federal) Established Under?
Established under the Australian Law Reform Commission Act 1996 (Cth)
Outline The Role Of The Australian Law Reform Commission (ALRC) (Federal)
Their role/aims:
o Review Federal laws
o Advises the federal govt on how laws can be changed to meet current needs
o Has to ensure that any new laws are consistent with our international obligations (i.e. when we have signed international laws – making sure our domestic laws don’t contradict them)
o Eliminate defects in laws
o Eliminate out-of-date laws
o Simplify the law
o Tries to ensure that state and federal laws align (that they aren’t contradicting each other)
o Use new ways of administering the law
Outline The Role Of The NSW Law Reform Commission (NSW State)
Their role/aim:
o Tries to eliminate parts of law that are out of date, unnecessary, too complex, or defective
o Try to change laws so they match/align with federal laws
o They investigate laws, prepare reports on them and make recommendations to the NSW Governor
Outline The Role Of Parliamentary Committees
Their role:
o Enquire into and report on matters referred to them by the Senate or House of Representatives, including estimates of expenditure, bills, and the performance of departments allocated to them
o Scrutinise government activity
- E.g. policy and administrative decisions
o Oversee the expenditure of public money
Define Hansard
Official script of what is said in parliament
List Non-Legal Measures
o The media
o Non-Government Organisations (NGO’s)
o Lobby groups
Define Media
The body that reports to the public
Why Does The Media Hold Power?
Media hold power as they are always in your face
How Can The Media Lead To Law Reform?
Can promote law reform by:
o Reporting the stories of individuals who suffer discrimination
o Persecution or financial loss due to a poorly ineffective law
Give An Example Where Media Has Lead To Change
E.g. Transgender student was not allowed to go to catholic schools, the media reported heavily on it and this lead to change
