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Effectiveness of law reform
Effectiveness of law reform
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The Australian legal system, through the process of law reform, aims to keep the nation a safe which, to a significant extent, is effective in creating a more just society. The Law reform, is the process of introducing changes to existing laws in the legal system. In order to suit contemporary society, laws are improved to in which reflects societal values and thus, accommodate the needs of majority of Australia. However, there are instances where the legal system may not be as effective in these changes. Issue such as the native title, marriage equality and the lock out laws cases can justify whether the law reform is effective.
Law reform in the area of Native title has led to the recognition of indigenous land right which has Native title
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The change of the liquor act aims to reflect the values of society to protect the community from the high-risk offender thus, renamed as lock out laws. The lock out law involves limiting the provision of alcohol through businesses such as hotels, nightclubs and karaoke venues in certain area and times. This view is supported through the case of Daniel Christie, a teenager who died following king-hit punches by alcohol limitations. Furthermore, the effectiveness of the lock out laws have been highly successful which can be seen through the reduced crime and violence in displacement in the lockout areas has rapidly increased. This is Supported by the conversation newspaper where statistics show that alcohol-related violence has significantly decreased after the law reform. Although the amendment has significantly reduced alcohol-related violence, but on the other side concerns have been raised about the impact of the law on Sydney's night-time economy. Businesses has been impacted to a significant extent as these laws are likely to result in forgone profits and lost jobs in targeted areas. Therefore, the law reform of the liquor amendment 2014 (NSW) is called Sydney lock out laws after the reform in which the law reform has brought justice to the society where crimes have been control leading people to equality by reducing a significant number of victims being at high risk. Hence, on the other hand many businesses have claimed that the lock out laws caused them to shut
The journey for the Aboriginals to receive the right to keep and negotiate land claims with the Canadian government was long but prosperous. Before the 1970's the federal government chose not to preform their responsibilities involving Aboriginal issues, this created an extremely inefficient way for the Aboriginals to deal with their land right problems. The land claims created by the Canadian government benefited the aboriginals as shown through the Calder Case, the creation of the Office of Native Claims and the policy of Outstanding Business.
As Vance Hughston writes “the major problem with the system for resolving native title claims is not hard to identify. It is the significant time and resources needed to resolve those native title claims which are opposed by government and other respondents” (Calma, 2009). Therefore, it is evident that the Native Title procedure needs some reforms to counteract the unjust requirements set out in section 223 of the Native Title Act 1933 (Cth). Within this section, it clearly expresses the marginal requirements imposed on the Native Title claimants – particularly subsection C. This subsection outlines the ongoing relationship that a native title claimant would have to sustain in order to be eligible for a possible trial. However, it poses many problematic and difficult situations towards the claimant, as they have to prove a continuous relationship with the land since sovereignty. In addition, section 237 of the Native Title Act states that the land mustn’t be partially or wholly extinguished by Government actions. If wholly extinguished, i.e. when claimants want areas such as “privately owned freehold land, pastoral or agricultural leases, residential, commercial, community purposes and in areas where governments have built roads, airports, railways, schools and other public works”, the
In order to understands how and why the high court affects all Australian lives its necessary for us to know the role of the high court of Australia in the Australian legal system.
For Status Indians various activities have expanded nearby control under the Indian Act and permitted the arrangement of new administrative structures to supplant that act. On the other hand, numerous First Nations keep up that any type of assigned power is conflicting with an intrinsic right of self-government. Inuit have sought after self-government through open government courses of action in the north in conjunction with area claims, while the Métis have progressed different cases for area and self-government. Native people groups have additionally drawn on the privilege of self-determination and worldwide law to bolster their cases. The creating assemblage of global law on human rights has concentrated much consideration, as of late, on the privilege to self-determination as it applies to Aboriginal people groups. Native associations have contended that the characteristic right of self-government is a part of the privilege of self-determination perceived in the United Nations Charter and in the Draft Declaration of the Rights of Indigenous
There are many influences on the way our law is formed and it can come
the law is proposed a draft bill is added to the report and put before
Compare and contrast the arguments that have been advanced for and against the incorporation of Aboriginal and Torres Strait Islander Law in the criminal justice system.
In every society around the world, the law affects everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities. Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society.
The Australian legal system is the foundation of our society. They are many sections that are part of the legal system. A main part of the Australian legal system is the Australian court system, the court system is hierarchical. the court systems are split into two sections federal and state and territory. the highest court in the federal system is the high court of Australia, the federal court of Australia and family court of Australia is on the same level. in the state system the highest court is the superior court, then the intermediate court and the corners court, lower court and children's court are on the same level. the names in the state and territory courts vary depending on the state. in the passing and making of bills the Australian
The night-time economy is a phrase used to describe areas where night time entertainment is prevalent, especially venues such as nightclubs, bars and other licensed locations. The night-time economy is often linked with factors of crime including alcohol, sex and drugs. The areas around these locations are known for heavy involvement with these types of crimes, as well as alcohol and drug fuelled violence. The area being focused on in this essay is the infamous Kings Cross area of Sydney. Known for its night-life and unparalleled diversity, this area of the capital is renowned for offering some of the best entertainment venues in the country as well as unfortunately high crime rates. Through careful study of crime statistics and distribution in New South Wales, it can be clearly seen that the city of Sydney, most noticeably the Kings Cross area have the highest levels of assault count in the entire state. (BOCSAR-Map showing Incidents of Assault: Non-domestic from Oct 2012 to Sep 2013). The map shows that the area surrounding the capital has an exceedingly high assault rate level of ...
While there have been a few endeavors to check liquor related savagery through activities, for example, alcohol authorizing concurs, late-night curfews and dependable liquor administration programs, as at December 2008 there was minimal steady confirmation to exhibit the adequacy of these measures in lessening viciousness in the long haul. The specialists concurred there is a requirement for all encompassing, entire of-government ways to deal with build up a more coordinated system and discover the harmony amongst monetary and wellbeing targets, and between formal direction, casual understandings and group activation (Eckersley and Reeder
...In conclusion while there is negative attributes towards the Northbridge curfew, the curfew demonstrates how there was a need for action against juvenile violence and crime. Although the policy needs to be tweaked so that juvenile rights are taken more into consideration the curfew is put in place to make the community feel more comfortable and safe in its night time environment. With all the evidence provided into the Northbridge curfew it is prone that a city wide curfew is introduced to help the youth of Western Australia by limiting violent actions and violence against the youth. As stated by the Western Australian Government’s Office of Crime Prevention, “Our children and young people are the future of our State. They require nurturing, support and protection to ensure that they achieve personal success and make a valuable contribution to society” (OCP, 2009).
How can the government force patrons onto the streets at 1:30am and expect there to not be issues? A 1:30am last entry and 3am last drinks is the current “bandaid” solution the Australian government believes will curb the amount of alcohol fuelled violence, one punch attacks mainly, plaguing the city nightlife.
Worldwide, the legal systems of nearly all countries are generally modelled upon five main types: civil law, common law, customary law, mixed or pluralistic law and religious law (CIA, 2015). In the CIA’s listing, Australia’s legal system is described as a “common law system” based on the English model.
Various international treaties and conventions (e.g. International Narcotics Control Board), has provided Australia with guidelines and regulatory measures that the Commonwealth government must put into action within the criminal justice system.