Mechanisms of Law Reform (HSC SSCE Legal Studies): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Mechanisms of law reform
Mechanisms of law reform
Institutional 'machinery' that brings about changes to the law
Precedent
Precedent
A judgement that guides future cases with similar facts
Key characteristic of judicial law reform
Key characteristic of judicial law reform
Ad hoc - courts don't deliberately set out to reform law
Mabo v Queensland (1992) outcome
Mabo v Queensland (1992) outcome
Declared native title existed; overturned terra nullius
Terra nullius
Terra nullius
Land belonging to no one
Balance of power
Balance of power
Power held by party whose vote needed to pass legislation
Primary mechanism for major law reform in Australia
Primary mechanism for major law reform in Australia
Parliament
What happens to Amending Acts after taking effect?
What happens to Amending Acts after taking effect?
Repealed, but changes to Principal Act remain in force
UN's chief role in law reform
UN's chief role in law reform
Creating international treaties and conventions
How other agencies contribute to law reform
How other agencies contribute to law reform
Identify problems & recommend reforms; parliament enacts