law reform legal studies 3c. reasons why laws may need to change changing values and attitudes in...
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LAW REFORMLegal Studies 3C
REASONS WHY LAWS MAY NEED TO CHANGE
Changing values and attitudes in society
Changes in society
Advances in technology
Greater need for protection of the
community
Greater awareness
of the need to protect rights
FORMAL & INFORMAL GROUPS
Formal Groups
Law reform bodies
Royal Commissions
Commissions of Inquiry
Statutory bodies
Parliamentary
Committees
Informal Groups
Individuals
Political parties
Pressure groups
Institutions
Law Reform bodies Australian Law Reform Commission (e.g.: Serious invasions of privacy – inquiry
into the protection of privacy in the digital era Tasmanian Law Reform Institute (e.g.: Bullying, self defence law)
Royal Commission E.g: current Trade Union Royal Commission (2015)
Commissions of Inquiry Queensland Floods (2012)
Statutory bodies E.g.: Sentencing Advisory Council e.g.: suspended sentences
Parliamentary Committees E.g.: Growing Tasmania’s economy – Select Committee
Formal Law Reform groups
Individuals Mabo case (1992) – Eddie Mabo: case heard in the High Court which
lead to the Native Title Act 1993
Political parties Labor – pledge to legalise same sex marriage if win next election
Pressure groups Animals Australia – voice for animals GetUp – social justice, economic fairness, environmental sustainability Dying with Dignity Victoria -
Institutions E.g.: Cancer Institute of NSW – smoking laws
Informal Law Reform groups
METHODS USED BY INDIVIDUALS AND GROUPS
Demonstrations – to be successful, a large group of people must show their support for the change in the law.
Media – assist in gaining community support and assisting in alerting law-makers to the need for a change in the law
Petitions – written request to the government for action to a particular law
The Law Reform Process – Clickview (22 minutes) Page 52 – 77 (blue edition)
TOPICAL LEGAL ISSUES
TASC Requirements:
2 x topical legal issues researched
Each inquiry will result in a formal report (approximately 900 words / 3 pages) that includes: Identification of current political and legal institutions / processes
related to the topic Identification of differing views on the issues while ensure focus is on
legal and political dimensions (and not sociological, economic aspects etc. of the issue)
Assessment of issues through relevant aspects of the nature and function of law, and processes of changing law
TOPICAL LEGAL ISSUES
Surrogacy Digital privacy The Senate
POSSIBLE EXAM QUESTIONS – SECTION D
'The composition of the current Senate has made law reform challenging.' Evaluate this statement making reference to Bills which have come before the Senate in 2015
'Surrogacy laws in Australia have kept pace with social change.' Evaluate this claim with regard to the strengths and limitations of the law reform process.
'The Telecommunications (Interception and Access) Amendments (Data Retention) Act, 2015, passed by the Federal Parliament, will strengthen national security.' Evaluate this claim with regard to the strengths and limitations of the law reform process.
Only need to answer 1 question
CRITERIA TO BE ASSESSED IN THE EXAM FOR SECTION D
Criteria 1: Communicate legal and political information
Criteria 3: Describe and assess Australian law making processes
Section D focuses on analysis and any inclusion of descriptive material should be relevant to the argument being presented.
STRENGTHS AND LIMITATIONS OF LAW REFORM PROCESS
Strengths and limitations of parliaments as law makers (page 96 – 99)
Strengths and limitations of courts as law makers (page 267 – 270) Strengths and limitations of formal and informal law reform groups
Clickview “The Law Reform Process” Page 76 – 77 blue edition