Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
23 Cards in this Set
- Front
- Back
|
Reasons for Change in the Law |
- Change in values and attitudes - Change society - Advances in tech - Protection of the community |
|
|
Informal Methods to Influence change in the Law |
- Demonstrations - Petitions - Media |
|
|
VLRC Process |
- Matter referred by Commission AG - Commission publishes issue paper - Submissions relieved - Public consultations - Deliver report to ag - Report tabled into Parliament - Bill introduced |
|
|
VLRC Role |
To undertake research and make recommendations for changes in the law on issues that are referred to them by the Government |
|
|
Stages of a Bill |
- Introduction - First Reading - Committee Stage - Third Reading - Passes first house/ second - Certification - Royal Assent - Proclamation |
|
|
Second Reading |
- Statement of compatibility, read by introducer of Bill - Purpose of the Bill - Scrutiny - Members can make speeches in favour or against the Bill |
|
|
Strengths of Parliament as a Law-Making Body |
- Elected by the people - Make laws at any time - Investigate a need for change - Access to expert information - Compatible with human rights - Debate |
|
|
Weaknesses of Parliament as a Law-Making Body |
- Not able to respond quickly - Time consuming - Conflicting views - Restricted in jurisdiction - Difficult to keep up with changing attitudes - Changing technology - Not able to foresee all circumstances - Subordinate authority not elected |
|
|
VLRC Strengths |
- Government has asked therefore Government more likely to act on report - Can gauge public opinion by receiving submissions - Able to investigate comprehensively so Government and initiate new laws that cover whole issue. |
|
|
VLRC Weaknesses |
- Can only investigate issue referred by government or minor issues - There's no obligation from Government to act on their findings, therefore the whole exercise may be made redundant - Investigations can be time consuming |
|
|
Medicinal Cannabis |
- December 2014, referred by AG (Martin Pakula) - March 2015, commission published issue paper - April 2015, Submissions closed, 99 received - May-June, held public consultations - August 2015, AG - October 2015, Report was tabled into Parliament accepted 40 recommendations, and said they have intention to legalise - December 2015, Bill introduced. |
|
|
Demonstrations |
Group of people gather with intention of gaining attention from the general public and intern the Parliament to express their common opinion on such issue. E.g. Climate Change, November 2013 |
|
|
Pressure Groups |
Dying with Dignity Victoria - Lobbying - Working - Informing - Providing |
|
|
Committee Stage |
- Speaker of LH or President of UH leave - Replaced bu the Chairman of Committees - Informal discussion of Bill course - Bill examined clause by clause (optional) |
|
|
Petitions |
Written request to Parliament usually to change a law/pass a new law. Includes a collection of signatures supporting the request. Presented to a member of Parliament to tabling into Parliament - E.g. Abortion for 2008 |
|
|
Media |
Mat takw form of television: radio print media. Important role informing the public and parliament of community views and need for law reform. E.g. Facebook, twitter on puppy farming |
|
|
Ratio Decidendi Obiter Dictum |
- Reason - Hypotheticals |
|
|
Reversing Overruling Disaprioving Disiintiushing |
- One case - Two cases - Can/cannot change - Method of avoiding precedent |
|
|
Problems in interpretating Statues |
- Mistakes during drafting - Doesnt account for future circumstances - No new tech |
|
|
Statory Interpretation |
- Studded belt |
|
|
Effects of Statutory Interpretation |
- Precedent - Words give meaning - Partied are bound - Extend or narrow |
|
|
Strengenths and Weakness of the Courts as a Law-Making authority |
S: -Consistancy and Predictability -Change law quickly - Judges are indepdedant from Parl W - Restricted my precedent - Difficultity finding precedent - Judges arent elected |
|
|
Overlap between Parliament and Courts |
- Codifiction - Parliaments creates courts - Obiter dictum acts as persasive. |
