Law reform
Conditions that gave rise to law reform:
- Changing social values - As society’s values change the law needs to change to match
- New concepts of justice - eg. life sentence being LIFE
- New technology - law needs to change with the ages
Agencies of reform:
- Law reform commissions - The Australian Law Reform Commission provides the government with reports outlining recommendations for law reform
- Parliamentary Committees - Committees can also make recommendations to the Government about reform. The Legislation Review Committee plays an important role of our legislative process.
- The media - Acts as an intermediary between the public and the courts. Media has the power to provide scrutiny, accountability and transparency
Law reform and native title:
- Native title is a legal right of Aboriginal and Torres Strait Islander communities to live on and use traditional land with which they have an ongoing association
- It can belong to a group or community as a collective right, based on the traditions and customary law of that group
- Native title can include rights to:
- Live on the land
- Access the land for traditional purposes
- Visit and protect important places and sites
- Hunt, fish and gather food or traditional resources
- Teach traditional law and custom
- The High Court first recognised a right native title in Australian law in the 1992 case of Mabo v State of Queensland (No. 2)
Effectiveness:
- Both the judiciary and the legislature have played crucial roles in law reform and native title
- The biggest legal step forward was the overturning of the concept of terra nullius and the recognition of continuing native title rights
- There is still sometimes difficulty in reconciling with the rights of landowners whose interests conflict with native title claims