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How Is Change Influenced Law Reform
 

How Is Change Influenced Law Reform

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    How Is Change Influenced Law Reform How Is Change Influenced Law Reform Presentation Transcript

    • REASONS, INFLUENCES AND METHODS. Changing the law
    • Reasons for change
      • Changing Values in society
      • Changes in society
      • Advances in technology
      • Protection of the community
      • Protection of rights
      • Access to the law
      • Generating changing values in society
    • How is change influenced?
      • Pressure for changes to the law can come in a few different ways.
      • Most law reform comes from the parl and govt depts.
      • Pressure for change can be divided into 2 types:
      • Formal and Informal
    • Pressure to change
      • Formal Law Reform Bodies
      • Royal Commissions
      • Parliamentary committees
      • ALRC
      • VLRC
      • Govt Inquiries
      • Informal pressure
      • Media
      • Political parties
      • Pressure groups
      • Lobby groups
      • Individuals
      • Institutions
    • What methods are used to influence change
      • Demonstrations and protests
      • Defiance
      • Petitions
      • Lobbying
      • Media- radio, TV, letters to the editor
      • Private members bill
      • You are to include a brief example for each of these.
    • VLRC
      • What is there role and function?
      • It is an independent, govt funded body. Its role is to develop law reform in Vic.
      • It also monitors law reforms.
      • It is an advisory body to the govt.
      • It undertakes research and then makes recommendations to the AG. Read further pg 74.
    • How does it do this?
      • The commission receives a reference from the Attorney-General
      • The commission’s staff undertake initial research and consultation with experts in the area being investigated.
      • An issues/discussion paper is published which explains the key issues and asks the community questions.
      • Submissions are invited from members of the public, community organisations, and any other interested groups.
      • Consultations are undertaken with members of the community, people working in the area.
      • The commission sometimes asks experts in a field to research the area
      • Sometimes they publish this research as an occasional paper.
      • A report is published with recommendations for changes to the law.
      • Sometimes, if a project is very large or contains controversial or extensive recommendations for reform, the commission will publish an options paper or interim report
      • This gives people the chance to comment on possible recommendations.
      • The Attorney-General tables the report in parliament.
      • Parliament decides whether to implement the recommendations
      • (in whole or in part) through legislation.
    • The Defensive Homicide
      • In 2001 the AG gave the VLRC the brief to investigated this area of law.
      • They worked through all the areas (as just outlined).
      • Link the process to the events in this investigation.
      • With each of the following groups / individuals etc you need to outline:
      • How they influence change?
      • What exactly is the method?
      • How successful is the method?
      • An example of each method.
      • This is going to be reported to the class- today.
      Methods used to influence change
    • Pressure Groups
      • Tom
      • A group of people who share the same views
      • Often formed because of a dissatisfaction with a particular law
      • There are 2 types of groups:
        • Institutional groups- e.g trade unions
        • Interest groups – e.g Right to life Australia
      • Success depends on their influence on politicians
    • Demonstrations and protests.
      • Charles
    • Defiance
      • Murray
    • Petitions
      • Dale
      • A petition is a formal, written request for government to change a law that is considered outdated.
      • With a collection of signatures gathered by supporters, the petition must be presented to the House of Reps.
      • The higher the amount of signatures, the higher the pressure for change, the extreme amounts of signatures are successful.
      • E.g. Abortion Legislation petition (Oct 2007)
    • Media
      • Kimiora and Katie
    • Lobbying
      • Ed 
      • Making requests to politicians or groups for their assistance in trying to influence change in the law. Individuals can also lobby for change in the law.
      • E.g. Bruce Clark has been campaigning to have the law changed to make it illegal for adults to give alcohol to under-age kids without parents permission.
      • There are some professional lobbyist in Canberra who are employed by individuals or groups to lobby members of the parliament.
    • Submissions to Law reform bodies
      • Lauren
    • Courts changing the law
      • Cassandra
    • Parliament changing the law responding to courts
      • Kasey
    • Courts suggesting changes
      • Sam
    • Private Members bills.
      • Most of these bills are unsuccessful, however from time to time both parties may get behind a bill that has been introduced by a private member.
      • EG: Euthanasia Laws Act 1997.
      • Some bills also get taken over by the govt and then are successful.
    • What hinders or hampers change?
      • 1. Our political system and the actual parties.
      • If one party has majority in both houses then they can do as they please. If they don’t then things can be held up.
      • 2. conflicting views in society.
      • 3. Money
      • 4. the constitution and its limitations on states or C/W.
      • 5. the courts.
    • Strengths and Weaknesses of Parliament.
      • Complete the table and outline some details as to what the strengths and weaknesses of parl as a lawmaker are.
      • SAC 2. first day after the holidays.