VCE Legal Studies Unit 4 AOS 2

VCE Legal Studies Unit 4, AOS 2: Interactive Study Guide

Reasons for Law Reform

Laws must constantly evolve to remain effective and just. Key drivers push society to reconsider and change its laws. Click the cards below to explore the main reasons why law reform is necessary.

Changing Values & Attitudes

Society’s morals and ethics evolve over time.

Advances in Technology

New inventions create new possibilities and risks.

Protecting the Community

Addressing new threats to enhance public safety.

Significant Incidents

Major events that reveal flaws in the current law.

Select a reason to learn more.

Individuals & Media Influencing Reform

Law reform isn’t just a top-down process. Individuals and the media play a crucial role in highlighting issues and pressuring lawmakers to act. Click on each method to understand its function and effectiveness.

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Petitions

Formal written requests to parliament.

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Demonstrations

Public gatherings to express a view.

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Using the Courts

Challenging laws through litigation.

Parliament vs Courts in Law Reform

Both Parliament and the courts create and shape law, but they do so in fundamentally different ways. This section provides an interactive comparison of their roles, powers, and limitations in the law reform process. Click the buttons to highlight key differences.

πŸ›οΈ Parliament

The supreme, proactive, and elected law-making body.

  • Role: Makes and amends laws (statutes) for the whole community.
  • Method: Debates and passes Bills. Can investigate issues comprehensively.
  • Trigger: Can act proactively to address future or current needs.
  • Strength: Represents the will of the people; can make sweeping changes.

βš–οΈ Courts

A reactive dispute resolver that creates law incrementally.

  • Role: Resolves specific disputes and creates binding precedents (common law).
  • Method: Statutory interpretation and developing precedents on a case-by-case basis.
  • Trigger: Must wait for a case to be brought before them (reactive).
  • Strength: Independent from political pressure; can protect minority rights.

The VLRC Process

The Victorian Law Reform Commission (VLRC) is a key independent body that provides expert advice to Parliament. Its process is thorough and consultative. Click through the steps to see how an issue goes from a government referral to a final report.

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Referral

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Consultation

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Report

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Govt. Response

Parliamentary Committees

Committees, made up of MPs from different parties, investigate complex issues and provide a crucial link between the public and Parliament. Their reports can directly lead to new laws.

Case Study: Inquiry into a Spent Convictions Scheme

In 2019, a Victorian committee investigated the need for a law to allow old, minor criminal records to be sealed. The chart below shows a simplified view of their recommendation success.

The committee’s final report was highly influential. The government accepted the core recommendation, leading directly to the Spent Convictions Act 2021 (Vic). This demonstrates the power of a bipartisan committee to achieve significant social reform.

Royal Commissions: The Highest Form of Inquiry

Royal Commissions are established to investigate issues of major public concern. With strong powers and a high profile, their recommendations often create an undeniable momentum for reform. Click below to see the process and impact of a recent Victorian example.

Case Study: Royal Commission into Victoria’s Mental Health System

2019: Established Hearings Report 2022: New Act

Click the button to trace the Commission’s impact.