U4: AOS2 (Law Reform) Flashcards Preview

VCE Legal Studies > U4: AOS2 (Law Reform) > Flashcards

Flashcards in U4: AOS2 (Law Reform) Deck (14)
Loading flashcards...
1

4 reasons for Law Reform

1) Shifting Community Values
- Must change to reflect evolving attitudes/views
- eg. Same-sex relationships, rights of children/women, environment

2) Technological Developments
- Must change to address new areas created by technology
- eg. Privacy laws, defamation laws

3) International Relationships
- Must change to address Australia's evolving relationships with other nations
- eg. Treaties, agreements, migration laws

4) Needs of a Business
- Must change to address changes in an economic climate
- eg. Online shopping/transactions, taxation, privacy/copyright

2

What are 3 ways individuals can influence change in the law?

1) Petitions
2) Demonstrations
3) Through the courts

3

1) What are Petitions?

2) Strengths

3) Weaknesses

1) A formal request for parliament to take action on an issue.

2)
- Can attract media/commercial attention
- Many signatures can be influential

3)
- Counter-petitions can reduce impact
- Few signatures are not influential

4

1) What are demonstrations?

2) Strengths

3) Weaknesses

1) Individuals/groups, on a large/small scale, voice their disapproval of a specific area of law through rallies/marches/boycotts.

2)
- Likely to have a big media impact
- Larger rallies show the popular need for change

3)
- Can be time consuming = takes time coordinating
- Small demonstrations often have little impact

5

1) What is using the courts?

2) Strengths

3 Weaknesses

1) Individuals can pursue cases through the court system and seek to draw attention to their issue/pressure MP's to take action

2)
- Often televised = big media impact
- Can generate MP sympathy/support

3)
- Court cases are very time consuming and may be ineffective
- Case will cost a lot of money, may not even be able to sustain it

6

What are 3 ways the media can influence law reform?

1) Provides instantaneous means of sharing info (quick results)

2) Connects people domestically/internationally (larger audience)

3) Easily incite/encourage action from the public (gain MP awareness)

7

1) What is the Victorian Law Reform Commission?

2) What is its role?

1) An independent, government-funded organisation that develops, reviews and recommends reforms to Victoria's state laws.

2)
- Consults community to find out if change is needed (interviews, surveys)
- Inquire, investigate areas of recommended reform
- Prepare report on recommended reform for Attorney-General

8

1) Strengths of the VLRC

2) Weaknesses of the VLRC

1)
- Independent of parliament = unbiased
- Enabled to seek community input = represent people

2)
- Limited resources (time + money)
- Restricted by Attorney-General's references

9

What is an example of the VLRC's law reform?

The legalisation of medicinal cannabis.
- Gained community feedback that there was a need for cannabis to treat ailments
- Prepared report for AG and resulted in its legalisation

10

1) What is a Royal Commission?
2) What are their roles?
3) What is an example?

1) A public inquiry appointed by the Crown to investigate an issue of public interest.

2)
- Used by government to shift decision-making responsibility in controversial areas (deflect criticism from government)
- Operate on an ad hoc (as needed) basis

3) Royal Commission into Family Violence

11

1) What is a Parliamentary Committee?
2) What are their roles?
3) What is an example?

1) A group of MP's who investigate issues which may give rise to law reform and report these findings to parliament.

2)
- Provide parliament with advice on issues
- Assess community views via inquiries
- Make recommendations based on gathered evidence

3) Standing committees (appointed for the life of a parliament, re-established after the next election)

12

How can Parliament respond to the need for law reform?
1) Positives
2) Negatives

1)
- Elected by the people (represents community views)
- Adequate resources (has funding to investigate issues)

2)
- Time consuming (legislative process is lengthy)
- Reluctance of MP's (reform is dependent on whether MP is willing to adopt issue)

13

How can the Courts respond to the need for law reform?
1) Positives
2) Negatives

1)
- Obiter Dicta statements (can influence parliament to approach issues)
- Precedents (can legislate in issues arising from new areas in the law)

2)
- Judges are not elected by people (may not represent community interests)
- Judicial conservatism (may not be willing to approach controversial/new issues)

14

Royal Commissions (RC) + Parliamentary Committees (PC)

1) Similarities
2) Differences

1)
- Both conduct public inquiries into the community to determine areas for reform
- Report findings to crown/parliament to advise on areas for reform

2)
- RC (appointed by Crown) PC (appointed by parliament)
- RC (independent of gov) PC (set up by gov)