SAC 7 Flashcards
(37 cards)
what do effective laws need to be
- known by the community
- easily understood
- able tot be changed
- acceptable to individuals within society
- enforceable
reasons why law reform is necessary (list)
- changes in beliefs values and attitudes
- changes in social, economic and political conditions
- advances in technology
- greater need for protection of the community
- greater awareness of the need to protect rights
- greater need to provide improved access to the law
- encouraging changes in values of society
- greater need to clarify, simplify or expand unclear laws
reasons why law reform is necessary: 1. changes in beliefs, values and attitudes
if law is to remain relevant and acceptable it much continue to change to reflect and keep up with the changes in society. whilst people in our community are generally law abiding they will be reluctant to believe in and obey laws that do not reflect their basic beliefs and standards. but sudden rapid changes to law which impose change before the community is ready may be met with resistance
reasons why law reform is necessary: 2. changing in social, economic and political conditions
changing social conditions: population growth and longer lifespan means changes to health care and taxation, recent social changes that prompted law reform are increasing reported domestic violence and binge drinking
changing economic conditions: technology and globalisation issues including monitoring the buying and selling and production of goods and services across different areas economy e.g consumer protection in banking as online shopping increases.
changing political conditions: domestic and international circumstances or global events influence law reform e.g terrorism or refugees
reasons why law reform is necessary: 3. advances in technology
laws need to be altered and updated to match sophisticated technology e.g controlling and regulating new inventions or reducing the likelihood of people being exploited such as cyber bulling laws, online scams, identity theft. technology allows more information to be shared requiring financial and medical privacy laws e.g Human Genome Project
reasons why law reform is necessary: 4. greater need for protection of the community
law reform must continually occur to make sure individuals and different groups within our community are protected and safe. harm can be physical, emotional, economic or financial. certain people all require specific protection if they are unable to protect themselves e.g children or disabled people even animals and environment. e.g 2016 crimes amendment (carjacking and home invasion) Act Vic introduced these and penalties
reasons why law reform is necessary: 5. greater awareness of the need to protect rights
change in laws to protect individuals from discrimination and allow equal opportunity. the laws make is unlawful to discriminate a person on a range of grounds such as age, gender, race etc. however this can be slow and controversial eg 2016 attempt to changed Equal opportunity act 2010 (vic) which would allow religious organisations to discriminate was defeated
reasons why law reform is necessary: 6. greater need to provide improved access to law
as people become more educated about law and their rights the more likely they are to want to seek justice if they believe their rights have been infringed but taking a case to court can be expensive. so there has been law reform to assist people to seek a resolution e.g Courts and Sentencing legislation amendment act 2012 (vic) created Melbourne county Koori court
reasons why law reform is necessary: 7. encouraging changes in societal values
sometimes law making change the law to encourage a change in society’s values. The charter of human rights and responsibilities act 2006 (vic) seeks to educate the community on rights and tolerance. states have changed attitudes to homosexuality and both state and commonwealth parliaments have also tried to change values and attitudes towards domestic violence
reasons why law reform is necessary: 8. greater need to clarify, simplify or expand unclear law
for a law to be effective it must be easily understood by all members of the community. laws that are too complicated in the way they are written need to be simplified or rewritten in plain English to be more accessible. some laws also lack depth when they are written and require clarity
individuals influencing law reform: petitions
a petition is a formal written request to the government to take some action of implement some law reform, most effective is a large number of people sign it. petitions can be in digital form or printed. they are important because in accordance with the principle of representative government aim to make laws that reflect the majority, traditionally parliaments on accept paper petitions. some have introduced reform to accept both e petitions and paper
strengths and weaknesses of petitions
are relatively easy simple and inexpensive BUT some people are reluctant to share personal details
members of parliament are more likely to consider a reform that has strong support BUT they may overlook good ideas if the petition is the only pressure
petitions are more likely to be effective if there is alot of signatures BUT the influence of it depends on who and where its tabled
individuals influencing law reform: demonstrations
occur when a group of people gather together to express their common concern of dissatisfaction with an existing law. it can be an effective way to alert the government to the need for law reform and can raise awareness for legislative change in the community. but the be effective they need to be large and attract positive media coverage e.g Australia Day = invasion day process 26th Jan
strengths and weaknesses of demonstrations
can attack large numbers and free positive media attention BUT can be less effective and even decrease support if they cause public inconvenience of become violent
can gain support of members of parliament who want tp adopt a cause BUT can be difficult and time consuming to organise and depend on weather and location
individuals influencing law reform: through the courts
individuals can be instrumental in bringing about a change in the law by taking a matter to court. although they mayn’t being trying to change the law, they just want to prove their case; if an unclear point of law is clarified or established in the process then their case played a part. if parliament has passed a law that is unclear or unfair the legislation can be challenged through the court system but, with the exception of the high court, there is always a chance parliament will override a court decision. but a courts power is limited to the cases they are deciding
strengths and weaknesses of using the courts
challenging an exisiting law in a higher court can enable clarification BUT courts are limited in their ability to change the law
even if a court challenge is unsuccessful it may gain media coverage to increase awareness BUT individuals can be reluctant to challenge a case because it can be expensive and time consuming
role of the media in law reform pt 1
media has a massive role in influencing changes in law. social media includes communication information using a huge range of internet tools applications and platforms and it has made a large change in the communication of information and rights. social media has the ability to create interest in and raise awareness of legal issues on a massive scale, through social media platforms, individuals, parliamentarians and pressure groups can communicate their opinions to a broader audience. images videos and live streaming of political events can be used to generate interest in certain areas.
role of the media in law reform pt 2
social media also connects people around the world meaning it can inform a global audience about a range of legal issues and perceived injustice. this can provoke people to take action on global issues by influencing law reform at a local level e.g Youth Climate Change Coalition use social media to gain support for law reform. breaking news is also broadcast over social media and is used to inform people on a large scale
role of media in law reform pt 3: traditional media
newspapers, television and radio. has the ability to examine, discuss and inform people about legal issues and possible changes in the law. many tv programs contain segments about the need for law reform and investigate problems to inform the public of injustice. But the problem is traditional media may not always present the information in an unbiased and independent manner depending on the vested political interest f the owners, they can manipulate information in an attempt to alter the communities perception
The Victorian Law Reform Commission
members of parliament often lack time a resources to undergo a thorough investigation of an issue. in this situation parliaments prefer to pass the investigation to an independent law reform body such as the VLRC. the VLRC is Victorias leading independent law reform organisation which reviews, researches and makes recommendations to the parliament of Victoria about possible changes in Victorias laws
roles of VLRC
monitors and coordinates law reform activity in Victoria and investigates and advises the vic gov on ways to improve victorian law. the victorian law reform commission act sets out VCLR specific roles:
- inquiry: to examine and report on any proposal or matter referred to it
- investigation: investigate relatively minor legal issues it believes are of general concern to the public and report back to AG with suggestions for law reform, in addition to main role of examining matter referred to them it can also examine minor issues without a reference provided they do not use too many resources
- monitoring: monitor and coordinate law reform activity in Vic and in consultation with various groups the VCLR can suggest reforms to AG
- education: to undertake educational programs and inform the community about its work, this is a responsibility the VCLR has to the people
recent VLRC project
adoption laws: commenced inquiry into the laws after recommendation from attorney general that the adoption act 1984 (vic) should be updated and improved e.g the way a Childs identify were revealed
ability of VLRC to influence law reform
as they work on request of government it means the government will be more likely to act on the suggested reform BUT it can only investigate issues referred to it or minor issues
it has the ability to measure community views by holding consultations BUT the parliament has no obligation to support the suggested reform
it can investigate comprehensively so government can initiate laws that cover the whole issue BUT this can be time consuming and costly
it is highly influential on vic parliament with all or some of its recommendations adopted 70% of cases
royal commissions
a royal commission is the highest form of inquiry into matters of public concern and importance. royal commissions are given special investigatory powers including the power to summon people to attend hearings, give evidence under oath and be subject to cross-examination
