C HANGING THE L AW. W HY DO YOU THINK WE NEED TO CHANGE LAWS ? Discuss for two minutes with the person sitting next to you.

CHANGING THE LAW

WHY DO YOU THINK WE NEED TO CHANGE LAWS?

Discuss for two minutes with the person sitting next to you.

CHANGING THE LAWChanging the

Law

The need for Change:

- Community Values

- Expectations- Nature of

Business- Technology- Community

Awareness- Pace of Change

Formal

Influence for Change

Participants:- Individuals

- Groups- Political

Parties

Informal

Methods:-Demonstrations- Submissions

- Media

Victorian Law Reform

KEY TERMSDemonstrations- A public exhibition of sympathy or support for a

particular issue; a mass meeting

Formal pressure- Pressure for change in the law arising from the formal structures of government and parliament.

Informal pressure- Pressure for change in the law arising from outside the formal structures of government and parliament.

Lobby- To attempt to influence the passage of legislation or government policies.

Pressure group- A group that acts to advance a particular issue or interest.

Victorian Law Reform- A permanent body established by the Victorian Parliament specifically to investigate the need for change in the law

CHARACTERISTICS OF AN EFFECTIVE LAW1) Known to the public — For a law to be enforceable, the public must know

about it. If people do not know about a new law, they will not be able to follow it. Major changes in the law are usually reported in the media. An example of this is the gradual banning of smoking in public venues, which began in 2001. Smoking is now banned in all enclosed workplaces including offices and factories, shopping centres, restaurants, dining areas and licensed premises- RECENTLY some Malls.

2) Acceptable to the community — If a law is not in line with community values, then people may be inclined to disregard the law.

3) Able to be enforced —If people break the law, they must be able to be caught and brought to justice. If this does not happen, people may be less inclined to follow the law. In an effort to reduce the road toll, police have rigorously enforced road traffic laws in Victoria. Traffic enforcement strategies such as random breath testing and drug testing, the use of speed and red-light cameras and heavy penalties for infringements deter most drivers from breaking the law.

4) Stable — In order to be effective, it is also necessary that the law, in general, remains stable. If the law were changing constantly, no-one would know what the law was and there would be chaos.

5) Able to be changed — Because values in the community change over time, and there are advances in new technology, there is a constant need to change the law.

WHY LAWS NEED TO CHANGE The legal system consists of institutions that interact

with society as a whole.

As society changes, it needs new and different laws.

The law can operate effectively only if it reflects the needs and values of the community it seeks to serve.

Therefore, the law must change as society’s needs and values change if it is to operate effectively.

Every year, Commonwealth and state parliaments pass more than 1000 Acts.

FACTORS INFLUENCING CHANGE

There are several factors that tend to create a need for change in the law:

community values changing expectations in the legal system community awareness technology the pace of change in the community. Taking political action

SOME SIGNIFICANT CHANGES IN THE COMMUNITY OVER THE PAST 100

YEARS

THEN NOW

Average life expectancy: 47 yrs Average life expectancy: 79 yrs (men) and 84 yrs (women)

Horseback Cars and airplanes

Pen and paper Computers

Chalkboards Interactive whiteboards and e-learning systems

Board games Electronic games—Game Boys and PSPs

Compass GPS navigation systems

Wood-burning stoves Microwave ovens

CHANGING COMMUNITY VALUES AND ATTITUDES

Laws have to reflect the changing values and attitudes.

Past- marriage was valued as a lifelong commitment. Under the Matrimonial Causes Act 1959 (Cth), divorce was a matter of attributing fault to one of the parties.

Present- Today we recognise that marriage breakdown is not necessarily the fault of one person. The Family Law Act 1975 (Cth) altered the law on divorce to recognise this changing attitude. Today a divorce can be obtained if the marriage has ‘irretrievably broken down’. Changing attitudes to relationships are also reflected in the increasing recognition of de facto and same-sex relationships in our laws.

CHANGING EXPECTATIONS OF THE LEGAL SYSTEM

Past- the community expected the law to clearly regulate behaviour—that is, to set out what could and could not be done.

Present- Today we expect the legal system to take a far more active role—not only stating the rights of individuals but also protecting individuals from harm.

An example of this is the compulsory wearing of bicycle helmets for cyclists. The law cannot stop all road accidents; however, wearing helmets can minimise the harm.

Impact of smoking bans In July 2007 Victorian laws banned smoking in pubs, bars and

clubs. In 2009, the Cancer Council Victoria revealed around 40% of

recent quitters stated smoke-free bars and clubs helped them quit, and of those Victorians continuing to smoke, a third reported reducing the amount they smoke.

CHANGING COMMUNITY AWARENESS

Individuals in the community are more aware of their legal rights and responsibilities. They are more likely to question the law.

Changing community awareness of individual

rights has also resulted in increased community demand for access to the law, e.g. through alternative dispute resolution. Tribunals have been introduced to meet these demands.

There have also been increased demands for legal advice and assistance. The Legal Aid Act 1978, which established Victorian Legal Aid, is one response to this demand for change.

CHANGES TO TECHNOLOGY

The law needs to change to meet the new demands made by the introduction of new technologies.

E.g through the changes in digital photography, the use of cameras and mobile phones for have resulted in the development of new areas of law. In 2007, the Victorian Parliament passed the Summary Offences Amendment (Upskirting) Act.

The law needed to incorporate new ways for the offence to be committed. This Act banned unauthorised intimate photographs and it is an offence to distribute the images via email or sms.

PACE OF CHANGE The pace of change in the law varies according to how

much change there is in society. Changes in society change the types of disputes that

may arise and the methods used to resolve those disputes.

New laws develop or existing laws expand to meet these changing needs.

For example, equal opportunity and anti-discrimination legislation passed in the 1970s and 1980s changed social attitudes to equality.

These laws made it an offence to discriminate against a person on the grounds of sex, race or religion.

Since these laws were first passed, the categories of discrimination have expanded as society’s attitudes to discrimination have changed.

INFLUENCING CHANGE

Action that places pressure on law-making bodies to bring about a change in the law can come from two sources: formal pressures and informal pressures.

Parliament

Informal Pressures:

Media, Pressure Groups, Lobby

Groups, Individuals, institutions.

Formal Pressures: Law Reform Body=

VLRC

INFORMAL PRESSURES Individuals and groups can act informally to bring about a

change in law in a number of ways. For example, an individual who seeks to bring about a

change in a law can organise a petition, write letters or comment on television or radio programs.

The purpose is to increase public awareness of a particular issue.

They place pressure on individuals within the law-making process, such as members of parliament. Individuals or groups can influence government policies or present submissions for consideration by formal groups.

As a democratically elected law-making body, parliament will usually respond to views that are perceived to be held by the majority of the community.

Groups of individuals who act collectively to raise awareness of the need for change in the law are known as pressure groups.

INFORMAL PRESSURES- INDIVIDUALS

Individuals acting alone are likely to have a limited impact on changing the law.

Parliament responds to what are perceived to be the demands of the majority of people.

The greater the number of people, the greater the likelihood of success.

INFORMAL PRESSURES- PRESSURE GROUPS Change is more likely to occur if a number of

people act together. Pressure groups—a group of people acting

together to influence change. The advantage of a pressure group is that

the spokesperson can state that they represent a large proportion of the community.

INTEREST GROUP

These are pressure groups that represent a particular cause or single issue.

An example of a single-issue pressure group is Amnesty International Australia. They focus on issues concerned with human rights. Amnesty has campaigned for changes in Australia’s anti-terrorism laws and for a Human Rights Act.

http://www.youtube.com/watch?v=inM_aiHDGm0

METHODS USED TO INFLUENCE CHANGE- INDIVIDUALS AND GROUPS

signing a petition to parliament using the media, such as writing a letter to

the editor demonstrations civil disobedience court action.

PETITIONS

Individuals and groups can use petitions to influence parliament to change the law.

A petition is a written request that parliament or the government take action on an issue.

MEDIA The media are often used to help influence a change in the law. E.g.

Contacting newspapers with their concerns. This may include writing a letter to the editor, and participating in television or radio interviews and discussions.

A spokesperson for a pressure group may be interviewed for a current affairs television program, or their actions may be reported as part of regular news broadcasts.

Media Campaigns, running advertisements in newspapers and magazines or arranging for material to be delivered by mail.

Social networking sites, such as Facebook, can also be used to gather support for a change in the law.

In 2007, Women’s Forum Australia launched an advertising campaign to revise advertising standards. The group complained that advertisements that exploit women do not reflect community standards. It asked its 2000 members to directly approach their members of parliament to revise advertising standards. As part of the campaign the group prepared a parody magazine called Faking It. The magazine published researchfindings on the effects of sexual images and messages on young girls. The group also asked members to boycott a fast food outlet that used sexualised images to promote its product.

DEMONSTRATIONS Individuals or groups may also organise a demonstration,

perhaps taking the form of a march or some alternative action.

Demonstrations can take a variety of forms. They may involve a mass rally on the streets or an

organised action, such as a boycott. A boycott may be a refusal to buy an item or participate in

a particular activity. For instance, the RSPCA (Royal Society for the Prevention of Cruelty to Animals) encouraged people not to buy puppies from puppy factories or pet shops.

CIVIL DISOBEDIENCE- DEFIANCE OF THE LAW Deliberately break the law- This is sometimes done

in order to bring attention to their cause. When there is a large group of people dissatisfied

with an issue, civil disobedience can become so disruptive that the government is forced to respond.

If their actions are unlawful they may end up in court facing criminal charges.E.g. In 1991, the large retail stores joined the fight for

longer shopping hours and defied the law. Parliament reached a compromise and allowed shops to open on 10 specific Sundays a year. Ikea continued the fight for longer shopping hours by defying the law and opening outside restricted hours. This led to 24 hour shopping, which started in 1996.

TAKING POLITICAL ACTION

An individual can influence a change in the law by directly participating in the political process. This can include voting or standing for election

Voting An individual can demonstrate support for a change in

the law at an election. When we vote for a candidate we demonstrate support

for the policies they represent. When they are elected we expect that they will implement those policies by changing the law.

Standing for election An individual who wants to influence change may

stand for election to parliament. They can be either an independent candidate or a

representative of a political party.

WHAT FORM OF INFORMAL PRESSURE IS THE PICTURE BELOW?

QUESTION TIME Read the article ‘Pressure for change’ and answer the following questions.1. The article states that pressure groups provide ‘a way that ordinary

citizens can influence the decision-making process’. Explain.2. There is a number of ways in which individuals and groups may act to

influence a change in either the law or government policy.2a. Create a table like the one below. In the first column list the different types

of actions that may be taken by individuals and groups to influence a change in the law. In the second column give a recent example.

2b What do you think would be the most effective way in which a pressure group may influence change? Justify your answer.

3 The article presents a number of criticisms of the influence of pressure groups. Explain two of these.

4 The article concludes: ‘pressure groups provide for peaceful political discussion and promote social cohesion. Consultation with pressure groups leads to popular acceptance of the political decisions made by governments and the laws made by parliament’. Do you agree with this statement? Justify your view.

Action for Change Recent Example

HOME WORK

List the characteristics of an effective law and provide an example of each.

LA 2.1 - Q’s 1-4 (page 44)