Legal Studies Assessment Task 1: LAW REFORM AND WEB QUEST 1. Law reform is the changes that happen in law. Law can be reformed in 3 different aspects these are social values, concepts of justice and new technology introduced. As society changes , the need for a law reform is high, this is because that with a change in society new laws are needed to put into place to overcome the change. Justice is the quality of being fair and reasonable, in this case as society changes the aspects of justice is changing. Capital punishment is seen as a very unjust custom of punishment.
Technology advancement has led to major law reform , this is because as new technology is introduced in australia society laws must be made to deal with them. An example of this is the development of more highly modernised equipment used in forensic science, such as the use of DNA, the new laws introduced or reformed try to balance the right of the use of the technology but also protecting the rights of the accused. Another example is computer related crimes such as hacking and intentional installation of viruses onto other computers. 2. ) The LRC is lead by a chairperson, The Hon James Wood AO QC, and there is only one full-time commissioner and also many part-time commissioner. There is an executive his job is to administer the day to day work of the Commision. The LRC are currently working on projects such as Security for costs and associated costs orders, Family violence, Penalty notice offences and complicity in criminal cases. b) The Australia Law Reform Commission was established in 1975, it is an organization that operates under the Australia Law Reform Commission Act 1996 (Cth).
It’s aim is to simplify and modernise the law which makes it easily accessible for people and also to improves access to justice. They ensure that when they reform laws that they are necessary for other people and that it does not defect community or society. The ALRC is one of the most efficient and positive firms for legal reform in Australia this is because over 85% of reports from the ALRC have been implemented. The Australia Law Reform Commission is not under direct control from the government but it gets its finance through the federal parliament. )Red cross is a NGO that benefits and supports people in need, it may be in the help of services, health, financial problems , poverty, natural disasters ,youth and education. The redcross are there to help people. As an NGO they arent not supported financially by the government but steadily rely on the donations and supports of there 100million+ volunteers they do this by holding progams that people can participate and contribute. They are apart of the words largest humanitarian organisation they are supported in more than 186 countries.
The international Red Cross was established in 1863 at Geneva it was established to protect peoples lives and dignity of the victims of those who have been faced with violence and provide assistance amongst them. There role in society today is to help people in several different ways by providing development progams, they support families who have been seperated by war and assist them with migration support programs. They are a very helpful NGO who are very kind and friendly to people. d)i. Natalie Bassingthwaighte fights gay prejudice. February 03 2010 , www. dailytelegraph. com. au he article is about celebrating 85 years since the federal law reforms that gave same sex couples equal rights such as insurance and supperannuation. ii. Port Arthur laws protect us April 18 2007 , www. dailytelegraph. com. au the article is about the reform in gun laws following the Port Arthur massacre, this had led Australia and America separated because of the US-style gun culture life. This is because the American way of life is that you are able to have a gun at the age of 12, this separated us with them due to the fact that our laws are not corresponding to there’s. ii. Police cannot defend our streets against crime September 10 2008 , www. dailytelegraph. com. au the article is stating that police arent doing enough to get criminals caught, the rate at which criminals are being caught have been lowered. 3)a)Legislature is the appropriate name given to the houses of parliament in Australia. The legislature is important in the law reform because they are the power that makes or enacts law, meaning this body of government are made specifically for laws. They have a key role in making statue law ( law made n parliament) , the bill is the law that has not yet been confirmed and is a draft, it must go through a process in parliament which enables it to become a law. Executive is a sector in the government that puts the laws made able to operate. The Executive contribute to the law reform because they put a lot of research and effort into the change of law. They are involved in writing the submitted law, they present this to cabinet which they decide if they should take this proposed law into parliament as a bill.
Judiciary are authorities that decide whether a law has been broken based upon evidence presented in courts. The judiciary have two roles in the making of a law , they can either make a new law or interprate legislation, a judges role in court is to interpret law in court and decide where the law relates to the particular case. They can also make law in court which is called common law, if there are no laws or any precedent set by a case, judges can use the common law principles to find a solution.
International law impacts Australian law because a lot of other countries reflect on international law, this is because they can closely relate to other countries. 3)b)The UN is an international organisation that brings all nations of the world together to work for peace and development. There are 192 members of the UN, they meet together which is known as the General Assembly. Its HQ is located in New York City but the land and buildings that they operate in are own to the UN not America. They aim to develop good relationships with fellow countries and help any nation that is in need.
There limitation to law reforms lies within the fact that they are a world organisation but they cannot change the laws of a certain country but make suggestions. 3)c)The European union was established for many different reasons these are peace and stability, bringing europe together, safety and security, economic and social solidarity, identity and diversity in the world and values. There are many aims in which the union provide help and support to fellow Europeans , they try and promote balanced economic and social growth and make sure people can live in a safe and danger free environment.
The EU works in a different way compared to other legal structures, the EU treaties are the foundations of the secondary legislation. It involves more than 27 countries all working together to make Europe a better place. Flow Diagram 2A Starting the law reform process-The attorney general writes to the commision asking that there is a need to reform of the law on a certain subject, this is called the ‘Terms of Reference’ Working out the issues and problems and involving the community-A research and publication plan is done.
Consultation papers-The commission prepares one or more consultation paper about the suggestions of the reform this is when the public is able to write submissions to the Commission Getting input and ideas from the community-The commission reviews all the submissions from the community and analyses them Reporting recommendations-The commission releases a report that has the Commission thoughts about the suggestions for the reform. The Atorney General reports it in parliament.