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In 2002 the Parliamentary Law Reform Committee investigated the Vacantcy Act - VCE - SSCE Legal Studies - Question 8 - 2003 - Paper 1
Question 8
In 2002 the Parliamentary Law Reform Committee investigated the Vacantcy Act. One of the committee’s suggestions was that local councils be given increased powers to... show full transcript
Worked Solution & Example Answer:In 2002 the Parliamentary Law Reform Committee investigated the Vacantcy Act - VCE - SSCE Legal Studies - Question 8 - 2003 - Paper 1
Step 1
Describe how this committee, or another law reform body you have been required to study this year, assess the need for change in the law.
Answer
The Parliamentary Law Reform Committee, or any law reform body, assesses the need for change in the law by conducting thorough research and gathering evidence. This may involve:
- Public Consultations: Engaging with the community to understand their experiences and concerns.
- Expert Testimonies: Consulting experts to provide insights on specific legal issues.
- Case Studies: Reviewing existing laws and their impact, identifying areas needing reform.
- Policy Analysis: Evaluating whether current legislation meets societal needs and addresses emerging challenges.
Through these steps, the committee identifies gaps in the law and the need for delegated legislation, allowing local councils to adapt laws to specific local issues effectively.
Step 2
Why do we need delegated legislation?
Answer
Delegated legislation is necessary because:
- Flexibility: It allows laws to be updated and adapted without going through the lengthy parliamentary process, enabling quicker responses to societal changes.
- Expertise Utilization: Local councils or specific bodies often possess relevant expertise, allowing for more tailored and effective laws.
- Time Efficiency: It reduces the burden on Parliament, allowing it to focus on broader national issues while local matters are managed closer to the community.
- Detail and Specificity: Delegated legislation can provide the required detail in areas left vague by primary legislation, ensuring clarity and proper enforcement.
Step 3
Comment on this statement and critically evaluate the lawmaking processes of both Parliament and the courts.
Answer
While Parliament decides what the laws will be, the role of the courts is to interpret these laws and apply them to specific cases. This dynamic presents several strengths and weaknesses:
Parliament:
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Strengths:
- Provides a forum for debate and discussion.
- Can delegate powers for specialized law-making.
- Democratically elected, representing public interests.
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Weaknesses:
- Law-making can be time-consuming and cumbersome.
- Sometimes out of touch with rapid societal changes.
Courts:
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Strengths:
- Can interpret laws more dynamically and responsively.
- Often acts quickly when a legal question arises.
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Weaknesses:
- May lack the resources to address broader societal issues.
- Decisions can be influenced by judges' backgrounds and experiences, potentially leading to inconsistencies.
Overall, the interplay between Parliament and the courts illustrates the complexity of the legal system, emphasizing the need for both mechanisms to function effectively for law to be responsive and just.