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In 2002 the Parliamentary Law Reform Committee investigated the Vacant Act - VCE - SSCE Legal Studies - Question 8 - 2003 - Paper 1
Question 8
In 2002 the Parliamentary Law Reform Committee investigated the Vacant Act. One of the committee’s suggestions was that local councils be given increased powers to d... show full transcript
Worked Solution & Example Answer:In 2002 the Parliamentary Law Reform Committee investigated the Vacant 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 investigates legal frameworks to determine whether they meet current societal needs. They assess the effectiveness of existing laws through consultations, meetings, and the collection of public opinion. For example, in relation to the Vacant Act, the committee might identify issues where local laws are not sufficiently addressing unique community requirements.
Need for change in the law is typically assessed based on factors such as complexities in existing legislation, changing societal values, or practical challenges faced by local councils. By identifying shortcomings, the committee advocates for delegated legislation, wherein local councils can create laws tailored to their specific contexts, thus enhancing local governance.
Step 2
Why do we need delegated legislation?
Answer
Delegated legislation is essential because it allows for the law to be made closer to the community and its unique circumstances. This form of legislation enables local councils to respond rapidly and flexibly to specific issues without the lengthy parliamentary process.
Additionally, it empowers local experts to address specialized concerns, ensuring that relevant justice is administered effectively. Also, delegated legislation helps in reducing the burden on Parliament, allowing it to focus on broader legislative functions while local matters can be tackled at local levels. This ensures that laws remain relevant and expedient in addressing present-day issues.
Step 3
Comment on this statement and critically evaluate the lawmaking processes of both Parliament and the courts.
Answer
While Parliament is tasked with creating statutes, the courts' role in interpreting and applying these laws is crucial. This dual process helps maintain a dynamic legal system.
Parliament's Process: Parliament engages in debates and discussions which allow for democratic input and comprehensive legal frameworks. However, the process can be time-consuming, and Parliament may lag in addressing urgent societal changes. Proposed legislation must navigate various readings and stages before enactment, which can hinder responsiveness.
Court Processes: Courts interpret laws and adapt them to individual cases, often reflecting evolving societal norms and expectations. The judiciary ensures that legislative intent is honored while considering the nuances of each case. However, reliance on judicial interpretation can sometimes lead to variability in law implementation, reflecting judges' perspectives or biases.
Overall, both bodies play integral roles—with Parliament establishing laws and courts ensuring their effective application guided by the principles of justice.