unit 1 - government and democracy (part 1 - ensuring effective laws) Flashcards
(35 cards)
Define the rule of law.
The principle that everyone is subject to the laws of their society regardless of their status and wealth.
This places an obligation upon all members of society to uphold the rights of others. For example, all Australians are bound by Australian law.
Define laws.
Legal rules or principles made by State institutions, such as parliaments and courts, that appeal to all in a given society and are enforced by the legal system through legal consequences.
Give an example of a Victorian law and how it fulfills the criteria to be a law.
s74 of the Crimes Act 1958, which outlines theft as an offence.
- legal rule made by Victorian Parliament
- applies to everyone in Victorian society
- enforced by the legal system (police and courts)
- legal consequences for violation: imprisonment for 10yrs max
Define rules.
Principles outlining acceptable conduct that only apply to certain, consent-providing groups, which are made by leaders within that group and enforced through a variety of non-legal consequences.
Give an example of a rule and how it fulfills the criteria to be a rule.
Arriving to class and beginning the starter before the 2nd bell.
- made by heads of school
- applies to students
- enforced by teachers
- non-legal consequences: Friday punctuality catch-up
Distinguish between rules and laws. [3]
One difference between rules and laws is the entity that makes them/the group they apply to/the consequences of a breach/the entity that enforces them. [any for 1 mark]
On one hand, laws are legal rules or principles made by State institutions, such as parliaments and courts, that appeal to all in a given society and are enforced by the legal system through legal consequences. [2]
On the other hand, rules are principles outlining acceptable conduct that only apply to certain, consent-providing groups, which are made by leaders within that group and enforced through a variety of non-legal consequences. [3, 4]
What is the main purpose of laws?
To maintain social cohesion.
Define social cohesion.
The willingness of members of a society to cooperate with each other for mutual betterment (survival and prosperity).
What are the 4 main roles laws have in maintaining social cohesion?
- Establishing guidelines for acceptable behaviour (e.g. paying for goods and services) and unacceptable behaviour (e.g. stealing another person’s goods).
- Outlining individual rights in the wording of laws (e.g. the right to religious freedom).
- 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.
Mia has been accused of drug trafficking, an offence under the Drugs, Poisons and Controlled Substances Act of 1981 (Vic).
Explain one (1) role of laws in upholding social cohesion. [3]
One role of law is to establish guidelines for acceptable and unacceptable behaviour [1].
This achieves social cohesion, the willingness of members in society to cooperate with each other for mutual betterment [2].
In this case, a law prohibiting drug trafficking ensures that community members such as Mia know that the movement and selling of drugs is not tolerated, as drugs are a detriment to other members of society and not conducive to mutual betterment. [3]
What are the 5 characteristics of an effective law?
Reflecting society’s values
Enforceable
Clear and understood
Known
Stable
What does it mean if a law reflects society’s values?
If a law aligns with a majority of society’s current values, then members of that society are more inclined to follow that law, rather than disregard it.
When may laws better reflect society’s values?
The majority of voters have elected a party with certain views to make laws to govern them.
There was strong campaigning effort to advocate for the laws.
When may laws fail to reflect society’s values?
The law may have been established many years ago and represents a different set of societal values.
There was pressure from media or vocal minority groups.
What does it mean if a law is enforceable?
If people break the law, it must be possible and practical to catch the violator and enforce the law.
The more enforceable a law, the more likely someone will follow it. If a law is difficult to enforce, people may be less inclined to follow it.
Think: how easy is it to catch someone breaking the particular law?
When may laws be more enforceable?
The act that violates the law is done in public.
There is a reasonable volume of violations.
When may laws be less enforceable?
The act that violates the law is done in private.
There is an unreasonably high volume of violations.
What does it mean if a law is clear and understood?
It is important for a law to be written in a way that people can understand it, so the intent of the law is clear. Wording is KEY.
The clearer and easier to understand a law is, the easier it is for citizens to comprehend, and therefore follow their obligations under the law. On the other hand, an ambiguous or unclear law, such as one written in legal jargon, can make people less inclined to follow the law.
When may laws be more clear and understood?
The law is written in plain English.
The law and its intentions are explained through media releases.
When may laws be less clear and understood?
The law is written in complex legal jargon.
The law is unclear in how it will apply.
What does it mean if a law is known?
The public must know about the laws that govern 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.
When may laws be more known?
A new law or a change in the law is made public with a media release.
Public debates about changes to law occur before a change is made.
When may laws be less known?
When little is made public about the law.
Less debated or contentious changes to the law may not be publicised.
What does it mean if a law is stable?
If a law is constantly changing, people may be uncertain as to what the law is at present. This uncertainty can limit the ability of individuals to follow the correct, current law.
