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‘Laws need to change for many reasons - VCE - SSCE Legal Studies - Question 10 - 2009 - Paper 1
Question 10
‘Laws need to change for many reasons. Sometimes parliament fails to respond adequately.’ Discuss this comment. In your discussion explain how individuals, groups an... show full transcript
Worked Solution & Example Answer:‘Laws need to change for many reasons - VCE - SSCE Legal Studies - Question 10 - 2009 - Paper 1
Step 1
Discuss this comment. In your discussion explain how individuals, groups and one law reform body can attempt to influence a change in the law.
Answer
Laws must evolve to adapt to changing societal values and technological advancements. Parliament sometimes struggles to keep pace with these changes.
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Reasons for Law Change:
- Technological Advancement: For example, issues such as cloning and stem cell research raise ethical and legal questions that existing laws may not cover.
- Community Attitudes: Societal values shift, demanding reform in areas like criminal justice and discrimination.
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Strengths and Weaknesses of Parliament:
- Strengths: Parliament is ideally representative of democratic values and is expected to undertake necessary reforms. For instance, mechanisms exist for public consultation.
- Weaknesses: The slow legislative process can delay essential changes. Specific interests sometimes hinder timely responses.
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Influencing Change:
- Individuals: Citizens can advocate for change through petitions, public forums, and grassroots campaigns. E.g., community initiatives can raise awareness about legal shortcomings.
- Groups: Interest groups and NGOs (e.g., Human Rights Watch, environmental groups) can lobby for reform, utilize media campaigns, and mobilize public opinion.
- Law Reform Bodies: Organizations such as the Law Reform Commission can recommend changes by conducting studies, presenting reports to Parliament, and suggesting drafts for new legislation.
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Conclusion: The interplay of community advocacy, individual activism, and structured recommendations from law reform bodies creates a multi-faceted approach to legal reform.
Step 2
Discuss this comment. In your discussion explain how recent changes and/or recommendations for change attempt to achieve the four elements of an effective legal system.
Answer
An effective legal system is characterized by accessibility, fairness, efficiency, and transparency. Recent legal reforms and recommendations aim to enhance these elements.
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Accessibility:
- Initiatives such as increased legal aid funding make legal services more available to low-income individuals, ensuring that everyone has access to justice.
- Online platforms have been developed for filing legal documents and accessing court information, which breaks down barriers for citizens.
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Fairness:
- Reforms targeting discrimination in legal procedures have been proposed, such as changes to jury selection to ensure diverse representation.
- Recommendations for mandatory training on implicit bias for legal professionals aim to promote fairness in judicial outcomes.
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Efficiency:
- Streamlining court procedures, such as implementing alternative dispute resolution methods, can lead to faster resolutions without compromising justice.
- Courts are increasingly investing in digital technologies to reduce backlog and enhance case management.
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Transparency:
- Public access to court records and decisions promotes accountability. Recent legislation encourages judges to provide written reasons for their decisions, which can be a learning tool for the public and legal community.
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Conclusion: By addressing these four elements through targeted changes, the legal system improves its overall effectiveness, ensuring that the rule of law serves all citizens equitably.