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Legal 3/4 > UNIT 3 - AOS 1B > Flashcards

UNIT 3 - AOS 1B Flashcards

1
Q

list reasons why laws need to be changed

A
  • changes in society values
  • technology advances
  • international relationships
  • greater protection of the community
  • greater demand for access to the law
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2
Q

three influences in detail of why laws need to be changed

A
  • changes in society values
  • greater protection of the community
  • greater demand for access to the law
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3
Q

changes in society’s values - explain

influence of change in law

A

society’s values are constantly changing and the law must reflect those values. In order for law to be acceptable it must change to keep up with the values

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4
Q

example of changes in society’s values which influenced the law
(influence of change in the law)

A

DEFACTO RELATIONSHIPS
have endured injustices which were recognised by society.
THE RELATIONSHIP ACT 2008 (VIC)
allows people to register their domestic relationships which entitles them to the same rights as a married couple.
Applies to people living together on a genuine domestic basis, irrespective of gender

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5
Q

greater protection of the community - explain

influence of change in law

A

the community needs to be protected to ensure it can continue to function in a harmonious way.

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6
Q

greater protection of the community - example

influence of change in the law

A

MOBILE PHONES WHILE DRIVING
mobile phones while driving have caused a number of fatal accidents and in order to protect the community the victorian government have extended the strict no mobile phone policy FROM PI ON RED PLATES TO P2 GREEN PLATES DURING YEAR 2,3,4

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7
Q

greater demand for access to the law - explain

influence of change in the law

A

As people become better educated about the law and their rights, they are more likely to seek justice if their rights have been infringed.

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8
Q

greater demand for access to the law - example

influence of change in the law

A

To take a matter to courts is expensive and time consuming. Alternative dispute resolution methods have been developed as a result.
The law has changed to provide alternative avenues such s the : VICTORIAN CIVILA ND ADMINISTRATIVE TRIBUNAL established under : the VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 (VIC)

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9
Q

define the VLRC

A

The victorian law reform commission.
An independent government funded organisation established under the law reform commission act 200 (VIC) to make recommendations to the parliament, but does not change the law itself.

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10
Q

The main role of the VLRC

A

to undertake research and make recommendations for changes in the law on issues referred to it by the attorney general (state), this is called a reference. The VLRC can also make recommendations on minor legal areas which have not been referred.

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11
Q

other roles of the vlrc include:

A
  • make recommendations on minor legal issues that are of general community concern
  • suggest to the attorney general that an area of law needs to be changed
  • educate the community on areas of relevant law to the VLRC’S work.
  • monitor and coordinate law reform activity in victoria
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12
Q

is the VLRC a formal or informal pressure for change

A
  • FORMAL AND IT DOES NOT CHNAGE THE LAW, ONLY INFLUENCES
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13
Q

what are the three methods of influencing change and effectiveness

A
  1. petitions
  2. demonstrations
  3. use of the media
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14
Q

informal pressure

A

individuals and groups can attempt to influence law makers to bring about change in the law.
These groups are outside the formal structure of parliament and their activities and are classified as informal

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15
Q

formal pressure

A

include actions by the formal law reform bodies such s the VLRC which was established to assess the need for change in the law

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16
Q

methods used by individuals/ groups of influencing change in the law

A
  1. petitions
  2. demonstrations
  3. use of the media
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17
Q

petition

A

a written statement calling on parliament to change a law and listing the signatures of those in support of the petition.
The petition is presented by a member of parliament to the parliament.
The petition and number of signatures recorded in the hansard

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18
Q

Likely effectiveness of the petition

A
  • petitions are easy to organise and provide peaceful means for change
  • can draw parliaments attention depending on support and number of signatures
    WEAKNESS
  • no guarantee the parliament will take further action
19
Q

using the media

A

creating public awareness of a point of view to inform a broader audience of views and raise awareness to issue

20
Q

examples of using the media

A
  • letter to the editor
  • submitting article
  • radio/tv interview or debate
  • advertisements
21
Q

likely effectiveness of using the media

A
  • can create public awareness and public support
  • media does not always publish views of all groups
  • views expressed by media may reflect minority views
    WEAKNESS
  • argument may not be expressed well or persuasively
22
Q

demonstrations

A

taking actions to publicly display support for particular issue. May take form by:
march, demonstration , rally or boycott
A boycott may be a refusal to buy item or participate in activity to show dis satisfaction

23
Q

likely effectiveness of demonstrations

A

STRENGTH
- draw attention to the issue, demonstrating extent of public support and attract media attention
- however, if violent it attracts negative attention and takes away support of issue
WEAKNESS
- boycotts are only effective if large number of people involved.

24
Q

how does the vlrc conduct research

step one

A
  1. THE COMMISSION STAFFE UNDERTAKE INITIAL RESEARCH AND CONSULTATION
    - researching laws in other states/countries
    - studying cases and talking to people affected y law
    - develop information paper to outline issues and asking for submissions
25
Q

how does the vlrc conduct research

step two

A
  1. COMMITTEE OF EXPERTS FORMED TO OFFER ADVICE AND GUIDE RECOMMENDATIONS
    - specialist advice provided e.g.. medical experts for abortion
26
Q

how does the vlrc conduct research

step three

A
  1. CONSULTATION PAPER PUBLISHED, OUTLINING ISSUES AND OPTIONS AND INVITE SUBMISSIONS
    - specific questions may be asked to guide submissions
27
Q

how does the vlrc conduct research

step four

A
  1. SUBMISSIONS ARE CONSIDERED BY RESEARCHERS

further research is also undertaken

28
Q

how does the vlrc conduct research

step five

A
  1. RESEARCHERS HOLD CONSULTATION W/ PEOPLE AFFECTED BY LAW
    - commission may hold forum to speak about work and gather views on possible changes
    - commission tries to ensure that marginalised groups who may be affected are consulted
29
Q

what are the five steps the vlrc undertakes to conduct research ?

A
  1. the commission staff undertake initial research and consultation
  2. committee of experts may be formed to offer advice and give recommendations
  3. consultation paper published, outlining issues and identifying options and inviting submissions
  4. submissions are considered by researchers
  5. researchers hold consultations with people affected by law
30
Q

problems in drafting legislation

A

difficulties faced by opc include:
- not always possible to forsee future circumstances
- difficult to cover all situations which may arise
proposed law may be in conflict w existing law/legislation

31
Q

stages of passing law to know in detail

A
  • second reading
  • consideration in detail
  • royal assent
  • proclamation
32
Q

second reading - passage of bill

A

members debate and vote on the main idea of the bill.
- statement of compatibility is considered, whether it complies with THE CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES. A bill can be passed w/o compatibility in extreme circumstances
- purpose of bill is also discussed explaining reason for it and the provision.
- debate and vote occurs
- scrutiny also occurs by senior senior legal advisor pf the SCRUTINY OF ACTS AND LEGISLATION COMMITTEE
examines all clauses and schedules of each bill

33
Q

what occurs in the second reading - passage of the bill

DOT POINT FORM

A
  • members debate on idea of bill and determine if it complies with CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES
  • the purpose of bill is discussed where debate and vote is taken place
  • scrutiny by senior legal advisor of the SCRUTINY OF ACTS AND LEGISLATION COMMITTEE, determining all clauses
34
Q

consideration in detail - passage of bill

A

members discuss the bill in detail and including any changes to the bill

  • the speaker (l)/president (u) leaves and the house is then in committee.
  • each clause is discussed in detail
  • amendments are most likely to occur as consideration takes place
35
Q

Royal Assent - passage of bill

A

the governor/governor general signs the bill and gives royal assent for the proposed to bill to become legislated

36
Q

Proclamation - passage of bill

A

when the bill comes into operation. If not stated a specific date the act will come into operation 28 days after the royal assent.
recorded in the hansard

37
Q

list strengths/corresponding weakness of parliament as a law maker

A 
1. STRENGTH 
parliament's primary role 
WEAKNESS 
parliament is not always sitting 
2. STRENGTH 
parliament is elected by people and therefore responsible 
WEAKNESS 
often conflicting views in society 
3.STRENGTH 
parliament can delegate power 
WEAKNESS 
subordinate authorities do not represent community
38
Q

1.STRENGTH (parliament as a law maker)

parliaments primary role

A

primary role is the make laws on behalf of the community

  • parliament can develop laws in futro (for the future)
  • parliament can develop laws ex post facto (meaning after an event or action)
39
Q

1.WEAKNESS (parliament as a law maker)

parliament is not always sitting

A
  • parliament may not be able to respond quickly to a need for a change in he law if they are not sitting
  • therefore parliament is not able to respond quickly or immediately to an issue if not in session
40
Q
  1. STRENGTH (pariament as a law maker)

parliament is elected by the people and therefore responsible

A
  • members of parliament are elected by the people to represent their needs.
  • therefore the laws they develop should be in support of the community they represent and be efficient
41
Q

2.WEAKNESS (parliament as a law maker)

often conflicting views in society

A
  • parliament may be restricted in its law making ability due to strong conflicting views in society e.g. same sex marriage
  • if both sides of discussion have significant support it is likely the law will not be changed, due to the inconsistency of support and views in society
42
Q

3.STRENGTH (parliament as a law maker)

parliament can delegate power

A
  • parliament can delegate power to subordinate authorities to make delegated legislation on their behalf
  • saves parliamentary time on pressing issues
  • passes on power to bodies that are specialists in the area,being more aware of the need for change as they are accessible to the people involved.
43
Q

3.STRENGTH (parliament as a law maker)

subordinate authorities do not represent community

A
  • the subordinate authority does not represent the community and are not elected by society
  • therefore laws are not made to represent the views of society and the values of community

Legal 3/4 (12 decks)

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