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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 need to change for many reasons, including shifts in societal values, advancements in technology, and the need for legal frameworks to address emerging issues. One key reason is that societal attitudes evolve; for example, the increasing recognition of LGBTQ+ rights has led to significant legislative reforms in many jurisdictions.
When parliament fails to respond adequately to these changes, various stakeholders attempt to influence the legal landscape. Individuals may engage in activism, lobby their representatives, or start petitions to bring attention to specific issues.
Groups, such as non-profit organizations or community coalitions, often mobilize to advocate for legal reforms. They may conduct research, raise public awareness, or organize campaigns to push for legislative change.
Moreover, law reform bodies, like the Law Reform Commission, play a crucial role. These bodies investigate areas in need of reform, consult with stakeholders, and recommend changes to the law. For instance, the Victorian Law Reform Commission has a mandate to propose reforms that address contemporary legal issues, providing a structured process through which individuals or organizations can effect change through formal recommendations.
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
To some extent, our legal system achieves the four essential elements of an effective legal system: accessibility, equity, efficiency, and accountability. Recently, various changes and recommendations have sought to enhance these elements.
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Accessibility: Efforts have been made to improve access to legal resources, including online databases and legal aid services. For example, initiatives aimed at simplifying the language used in legal documents aim to make the law more understandable to the general public.
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Equity: Legislative changes to eliminate discrimination in areas such as employment and housing have been implemented to ensure that all individuals are treated equally under the law. This reflects a commitment to fostering a fair legal landscape.
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Efficiency: Streamlining court procedures and adopting alternative dispute resolution mechanisms, like mediation and arbitration, have been proposed to reduce backlog and enhance the speed of justice.
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Accountability: Recent reforms also emphasize accountability measures for legal professionals, including stricter ethical guidelines and oversight, ensuring that the legal system operates transparently and fairly.
By continually assessing and reforming these elements, the legal system seeks to remain relevant and effective in serving the community's needs.