Effectivess of laws & evaluate q.pptx VCE Legal

VCE legal studies

1. Characteristics of an Effective Law

2. Link to S.D

3. What are effective laws? Read the proposed law I handed to you. Decide if you think if this law would be effective in society. This means would it be able to be made, followed and enforced? Why / Why not?

4. 5 Characteristics of an Effective Law For a society to function properly and for there to be social cohesion, laws must be effective. For laws to be effective, they must meet all of the 5 characteristics below: Reflect society’s values Be enforceable Be known Be clear and understood Be stable

5. Reflect society’s values If a law is in line with the current values of society, then people are more likely to follow it, rather than ignore it. This means that laws should change when society’s values change. EG- Before 2017, the Marriage Act 1961 defined marriage as being between a man and a woman. Over the years, attitudes in society began to shift towards greater acceptance of LGBTQI+ rights, including the rights for same-sex couples to marry. A nationwide postal survey in 2017 asked Australians whether they support the legislation of same-sex marriage. The result was a majority yes. As a result, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 amended the precious act, allowing same-sex couples to marry.

6. Be enforceable If a person breaks a law, it must be possible to catch and punish/sue them. If there is no possibility or threat of this, people will be less inclined to follow the law. Not enforceable – It is an offence to dream about going to Thailand. How would police be able to know who was breaking this law? Enforceable – It is an offence in Victoria to cause damage to public property. This means it would occur in public, meaning it is more likely to be visible. Police can easier enforce this.

7. Be known If the public does not know about a law, they can’t be expected to follow it. It is up to the individuals to find out the law on matters relevant to them. Claiming not to know the law is not an excuse. Law makers also need to keep the public informed of any new laws that are passed by parliament. They are usually reported in the media. In 2021, laws were introduced in Vic that set minimum standards that properties must meet if they are to be rented out. To ensure people were aware of these new laws, the minimum standards were published o social media sites. Reporting also occurred in major newspapers and on websites.

8. Be clear and understood A law must be written in a way that all people can understand it. You should not have to have any legal knowledge of expertise to understand a law. If a law is ambiguous, unclear or written in a language or jargon that people don’t understand, they probably won’t follow it.

9. Be stable If a law is constantly changing, people can be uncertain as to what the law actually is, meaning it won’t be as effective compared to a law that has remained consistent for some time. Imagine if the law for entitlement of sick days changed every year. Employees might not know how many days they were entitled to. Employers might not know how many days to give to their workers, possibly breaking the law.

10. What are effective laws? Now go back to your proposed law? Is it effective? To find out, check off each characteristic Reflects society’s values Enforceable Known Clear and understood Stable

11. Skill Building: Evaluate Identify key features of topic Assess relative merits (strengths/weaknesses or abilities/limitations) Provide a concluding judgement about its overall benefit or worth

12. Skill Building: Evaluate A higher mark question – 6-10 marks Usually people don’t add enough detail, or fail to make a final conclusion

13. Skill Building: Evaluate The Road Safety Road Rules 2017 (VIC) regulate mobile phone use while driving to reduce distractions and improve road safety. The law prohibits drivers from holding or using a mobile phone while driving, with exceptions for hands-free and Bluetooth devices. The penalty for breaching this offence is approx. $1900. When made, this law was presented by parliament and posted on various social media pages. Evaluate the effectiveness of this law. 8 marks