Why and how does the law change over time?
Explain why law reform is needed, the forces that drive it, and the bodies and processes that bring it about.
Why the law needs to change, the pressures that drive reform such as technology and changing values, and the bodies and processes that bring about reform in Australia.
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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 If it does not change, it becomes outdated, unjust or unworkable.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.
Exam-style practice questions
Practice questions written in the style of SACE Board exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
SACE 20214 marksExplain two forces that drive law reform.Show worked answer →
A short-answer question worth 4 marks wants two clearly explained drivers, not a list.
Changing social values. As community attitudes shift, the law is reformed to reflect contemporary standards, for example in discrimination and relationship law.
New technology. Developments such as the internet, social media and artificial intelligence create situations old laws never anticipated, prompting reform.
Other acceptable drivers include exposed injustice and changing economic or environmental conditions.
Markers reward two distinct drivers each tied to why the law must change.
SACE 202215 marksEvaluate the effectiveness of the bodies and processes that bring about law reform in Australia.Show worked answer →
An extended-response question wants a sustained, evaluative argument with a judgement, not a list of bodies.
Contention. Argue that the reform system is thorough but can be slow and dependent on political will.
The bodies. Parliament as the primary reformer, law reform commissions such as the ALRC, royal commissions and committees, and the courts.
Strengths. Commissions bring expertise and consultation, and parliament can make comprehensive change democratically.
Weaknesses. Reform through parliament can be slow and may stall without political support, commission reports can be ignored, and court reform is incremental.
Judgement. Conclude that the system produces well-considered reform but its effectiveness depends on political will, weighing expertise against timeliness.
Markers reward named bodies, the recommend-versus-enact distinction and a reasoned evaluation.