Explain why law reform is needed, the forces that drive it, and the bodies and processes that bring it about.

What this dot point is asking

You must explain why law reform is needed, the forces that drive it, and the bodies and processes that bring it about. Use real examples where you are confident.

Why the law needs to reform

The law is not fixed. If it does not change, it becomes outdated, unjust or unworkable. The main reasons reform is needed are:

• Changing social values. Community attitudes shift over time, and the law should reflect contemporary standards, for example changes in laws about discrimination and relationships.
• New technology. Developments such as the internet, social media and artificial intelligence create situations old laws never anticipated.
• Changing conditions. New economic, environmental and demographic conditions create new problems requiring legal responses.
• Correcting injustice. Reform can fix laws shown to be unfair or to operate badly in practice.

Forces that drive reform

Pressure for reform comes from many directions.

• The community and pressure groups. Petitions, campaigns, demonstrations and lobbying by interest groups push governments to act.
• The media. Reporting can expose problems and shape public opinion, increasing pressure for change.
• Members of parliament and political parties. Elected representatives respond to constituents and may champion reform.
• Courts. When judges identify a gap or injustice, their decisions or comments can prompt parliament to legislate.

Bodies and processes of reform

Several formal mechanisms turn pressure into actual legal change.

• Parliament. The primary law reformer, since it can pass, amend or repeal legislation. Most major reform happens this way.
• Law reform commissions. Independent expert bodies that investigate areas of law and recommend changes, such as the Australian Law Reform Commission (ALRC) at the Commonwealth level and the South Australian Law Reform Institute at state level.
• Royal commissions and parliamentary committees. Inquiries that investigate serious problems and report with recommendations, which governments may then act on.
• Courts. Through precedent and statutory interpretation, courts develop the common law and clarify legislation, contributing to gradual reform.

Evaluating law reform

Reform through parliament can be slow because of the legislative process and the need for political will, and reform may stall if it lacks public or political support. Reform through the courts is incremental and depends on the right case arising. Independent commissions improve the quality of reform by bringing expertise and consultation, but their reports can be ignored. A strong response weighs these strengths and limitations rather than just listing the bodies.

Connection to the rest of the course

Law reform ties the whole subject together. It draws on law-making (parliament and courts from Topic 3), constitutional limits on what can be reformed (Topic 2), and the goals of fairness and access to justice (Topic 4). It is also ideal for the independent inquiry, where you investigate a contemporary legal issue and assess whether and how the law should change.