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The effectiveness of law reform
The effectiveness of law reform
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Law Reform Report
Law reform is a crucial aspect of the Australian legal system due to its operation significantly contributing to the types of laws that are in effect at any time in society. The following report delineates the definition of law reform, the conditions that give rise to law reform, the agencies of law reform, the mechanisms of law reform, as well as the law reform process. It divulges these main aspects regarding law reform as a whole and incorporates a case study to further the salience of this particular feature to the functionality of the legal system.
Law Reform:
Law reform refers to the methodology of scrutinizing existing laws, and prescribing and implementing changes in a legal system with the intent of augmenting justice and efficiency.
The conditions that give rise to law reform:
There are a plethora of conditions that give rise to law reform, such as changing social values, new technology, and the failure of existing laws. Changing social values in our society is probably the most detrimental condition in regards to law reform due to the fact that society has a significant role in determining the laws that are actualized. If the preponderance of society does not believe in a law, or believes a law should be implemented, then the law will be amended to reflect the views of society. For example, before the notion of gay marriage came into consideration to become law in Australia, most people shunned the idea of making this a law as many believed it was unacceptable. In spite of this however, society’s values have significantly changed since then, resulting in the amendment of the law in New Zealand to suit these new values. Furthermore, another pivotal condition that gives rise to law reform is that o...
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...ion of Australia. This campaign aims at promoting rights for shared equal parenting, with amendments to the Family Law Act 1975 (Cth) in 2006; of which dealing with family matters and relationship strains in non-court-based services to ensure that children are able to maintain an earnest relationship with both of their parents subsequent to a divorce. Thus, the role of such pressure groups are aimed at community empowerment and taking action in the area of law reform as the values of society continue to change.
Mechanisms of law reform:
The mechanisms of law reform refers to the physical means by which the changes in law are made. This includes courts, parliaments, the United Nations, Intergovernmental organizations and other agencies which all have their own advantages and disadvantages in their divergent contribution to the reformation of law in various areas.
The roots of Australian laws are similar to traditional Aboriginal laws, dating back to before the Norman Conquest in 1066, where each separate village had their own laws developed to their own customs. This changed however, after a centralized legal system was established after 1066. A common law was formed, that applied to all of England. This was later combined with equity law and mercantile law, which is the basis of Australian law today, known as ‘statute law’.
Judicial Activism- judges should interpret and apply the law in the light of ongoing changes in conditions and values
From the above cases, it is evident that the law reform process is effective to a certain extent in achieving just outcomes in regard to native title, due to our ever-changing society, and the progression of new rules.
The usual perception of law to most individuals is a world in which many factors and external beings control a fixed system and its failure to inhabit equality and justice. The understanding and meanings of law have different definitions on social relations which explains why the common thought in mind when asked about the law is in regards to a speeding ticket or encounters with the law enforcement. However, people perceive the law differently based on their everyday life and how it effects their life in the long-run. The way people understand and experience legal authority is shown by how they engage, avoid or resist the law and legal meanings. This is catorterized as the study of legal consciousness.
Gerald Rosenberg, Stuart Scheingold, and Charles Epp are three influential voices in the debate over law’s capacity to achieve social change. When speaking of law in this context, the authors are focused on court decisions and look to the Supreme Court for most of their case studies of interest. Although each avoids a simple “Yes, courts are effective” or “No, they are not” theory of social change, there are both overlaps and disparities among their respective claims. Not only do they fall on different points on the spectrum of whether or not courts are effective change makers, they also stress different reasons for why or why not this is this case –how court action can be meaningful for progress. Taken together, their arguments address both
The Family Law Act was first considered for change as the Government felt that the original act did not deal well with family violence, this led to a National Plan being developed to reduce violence against women and their children . This plan came from an enquiry conducted by the Australian Law Reform Commission in 2010 which produced a report that provided information on Family Violence and the legal response; this included a section within this report that informed the reader on 187 recommendations for possible future reforms of the Family Law Act . The report concluded to show the need for an Amendment for the Family Law Act through research that had been conducted around violence within the home showing that men and women exper...
“I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, not court can save it” (Judge Learned Hand, uen.org). In other words, one should not depend on these constitutions to make the changes they wish to see. In history, there have been numerous examples of political reform and change, but, in many cases, it was possible because an individual or group of people believed in something so strongly that they did everything in their power to initiate a transformation in society. Some tactics used were very successful, while others weren’t quite as impactful, nevertheless, these groups of people and organizations should be recognized for taking leadership even if it meant risking their lives, in some cases, and standing against the majority.
The world is based from two types of laws. Just and unjust laws. In recent years a series of new laws have been adopted. Some of these laws were just and others were unjust. Something that differentiates unjust law from just is it’s an unfairness. In other words, unjust law is something that does not equally apply to everybody. It could be directed to the specific person or group of people. For instance, the law of banning propaganda of homosexuality, making homosexsuals second class citizens who are not entitled to, for example, to express their feelings in public. The law on rallies, forbidding citizens to assemble peacefully and without arms, where they wish. Another, example would be zoning law. Where people have no right of control over
Even though constituents of civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008).
Introduction Lawyers’ duties are relevant not only to their clients, for there is also a “public interest that the duty should be performed” [1P3]. Lawyers are, in society, in the unique position of quasi-state actors. Although not formally part of the state, they are vital in the smooth operation of the legislative, executive, and judicial branches of government [1P3]. Several features of lawyers’ duties and responsibilities are distinct from the legal profession. The justification for such features resides in this function lawyers are required to perform in society.
Q: Critically analyze the relationship between law and society based on the theoretical discussions in the field? Discuss these developments in relation to varied legal systems with specific attention on either China/ Russia/ any of the Islamic states
As being a member of a society which has nurtured liberty and equality of the citizens, I have always believed that the study of law has been a central appreciation to the decisions that has supported democracy over the years as it has helped benefit people who want to live in a better society by introducing new changes to the economy. What attracts me about choosing law as a profession is the fact that it has an impact in every part of today’s world and although it’s a topic which primarily deals with government relations it also conjoins other aspects like political economy, history an...
It is important to always show respect towards the indigenous, acknowledge their laws, their practices and their customs further paying respects to the original custodians of the land. This however does not mean that recognition of aboriginal customary law is essential to improving the status (social position) of indigenous Australians; on the contrary it poses more problems than solutions. Although law is seen as the fabric of existence and intrinsic to living, it is impossible to judge one legal system in terms of another. As such, while there are many positive aspects of aboriginal customary law, which is merely just different and in no means (worse) or (better) than English common law, its enforcement is not essential to improving the status of indigenous Australian’s in society. Many other legal and non-legal remedies have sought and provided better support and status for the indigenous community.
Chapter 7- the politics of law making, discusses the relationship that is present between power and the law. The power imbalances that...
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.