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LEGAL STUDIES UNIT 4 - Coggle Diagram

- - - - The roles of the houses of parliament
      - The representative nature of parliament
      - Political pressures
        
        Domestic pressure
        
        Individuals, Organisations and Groups
        
        Community values are provided to parliament and put pressure on parliament to make a change
        
        However, small vocal minority groups place pressure
        
        International
        
        United Nations, Allied countries, Treaties, Watch Dogs
        
        Acting as a good global citizen. Aling policy to match international concerns
        
        Neglecting domestic policy and concerns
        
        Internal
        
        Other politicians, political parties and the crossbench
        
        Allows for conscious vote to occur in parliamentary controversial laws
        
        However, Voting on party lines, views of electorate are ignored
      - Funding
      - Restrictions
    - - Effects
        
        Words or phrases contained in disputed acts are given meaning.
        
        The meaning of the legislation (law) can be restricted or expanded.
        
        The decision reached is binding on the parties and any person who may bring a similar case in the future.
        Precedents are set for future cases to follow.
      - Reasons
        
        Resolving problems applying the act to a court case
        
        Most legislation is drafted in general terms. This is so it can cover a wide range of circumstances. However sometimes the terms used are so broad that they need to be interpreted before they can be applied to specific circumstances.
        
        The meaning of words can change over time. For example, the original legal meaning of the term ‘de facto relationship’ was a man and a woman living in a domestic relationship. However, this definition has changed over time to now mean a couple living in a domestic relationship, regardless of gender.
        
        The meaning of the words may be ambiguous. The words and phrases used in a statute attempt to cover a broad range of issues. As a result, the meaning of some words might be ambiguous. It is therefore necessary for the courts to interpret the words or phrases in order to decide on their meaning according to the intention of the statute.
        
        Resolving problems as a result of the drafting process
        
        Drafting bills can be a complex task because parliamentary counsel must gain information from a range of policy documents and follow imprecise instructions from members of parliament
        Similarly, bills are often phrased using general terms to ensure they can be applied to and cover a wide range of future circumstances. The complexities involved in drafting legislation mean that inevitably some terms and phrases used will be unclear and in need of interpretation before they can be applied to resolve the case before the courts.
      - EXAMPLES
        
        Deing v Tarola
        
        Courts had to determine if wearing a studded belt classified as a "regulated weapon" . Determining what a weapon is defined as
        
        Kevin & Jennifer
        
        Courts had to determine what classifies as a "man" in order to see if the classified as a same sex couple.
    - - Judicial Conservatism
      - Cost and Time Factors
      - Judicial Activism
      - Requirement for Standing
        
        Reasons
        
        Effects
      - Doctrine of Precedent
    - - The supremacy of parliament
  - - - Social Media
      - Traditional Media
    - - Changes social, economic and political conditions
        
        Social- laws need to ensure we can all live together peacefully and maintain our basic standard of living. Changes such as binge drinking, gang violence and the obesity epidemic have prompted law reform.
        Economic- changes in the workforce, consumer trends, and the production of goods and services necessitate changes in industrial law.
        Political- changes in domestic and international political circumstances often influence law-reform.
      - Advances in Technology
        
        Technology is constantly changing and therefore laws need to be altered and updated to cover such changes. Some laws will control and regulate new inventions and opportunities while others will reduce the likelihood of people being harmed or exploited.
      - Change in views and values
        
        Laws need to change to reflect the changing social, moral, economic and political values of the community. Beliefs, values and attitudes change over time- for the law to remain relevant and acceptable it must keep up to date with these changes, and reflect them in the law.
      - Protection of the community
        
        The law must adjust when the need arises to protect the community. One of the major roles of the law is to protect the community from ‘harm’. Some individuals/groups in the community have specific needs and are unable to protect themselves (eg children) therefore laws must be developed for protection of these individuals.