Legal Studies Webquest
1. Conditions that give rise to law reform
Social values are the moral attitudes and principles that a society (or the majority of a society) hold collectively. They evolve over generations, with each generation able to express, become informed and pass down their values in new ways into a gradually more open minded social environment. These changes are largely due to technological developments, such as social media platforms. These changes are still happening in todays society, for example same sex marriage being legalised and different abortion laws, and will continue to develop forever as we as a society try to achieve the ultimate goal of equality.
New concepts of justice are also heavily influential on law reform.
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It can include deliberate harm or harm by neglect. The elderly victim is often defenseless due to deteriorated mental and physical health and relies on the law to keep them safe and provide justice. Laws seeking to protect older people are under the Commonwealth while the criminal laws and frameworks addressing elder abuse are Australian state and territory law. Elderly Abuse is increasingly common in Australia and is largely unpunished due to these laws not meeting requirements. The ALRC aims to investigate these incidents and report on the requirement of the reform of these …show more content…
They aim to regulate relationships between countries and their citizens. These laws may influence Australian laws to be reformed on the basis of contradicting an international law. International laws can overpower Australian law and are still applicable to Australian citizens when overseas. The United Nations
The United Nations fights for humanitarian issues through the use of peaceful dialogue between countries and leaders. The UN's powers of authorising peacekeeping, sanctions and force when absolutely necessary is given to it by the UN charter, an international treaty. They are limited by the fact that they cannot make their resolutions and policies the law, however the important conversations they start and ideas that are shared are influential upon the many powerful leaders who choose to listen.
The Fourth World Conference on Women is an example of the UN and international law impacting Australian law. One of the major changes made was in the area of reducing domestic violence. The Australian Government developed a Nation Plan to Reduce Violence Against Women and their Children, as well as receiving a copy of the UN council's action plan which was further developed into the
The UN has an agreement with all other nation states to not get in conflict with each other and to settle differences in meetings to prevent another world war. It also makes them stronger as a
Social value means 'larger concept which includes social capital as well as the subjective aspects of the citizens well being, such as their ability to participate in making decisions that affect them ' (http://www.businessdictionary.com/definition/social-value.html). Social values are different around the world depending on the country and situations that occur there, many aspects affect these social values as well. For instance the Australian government let out the declaration of civic values in
The structure and power of the UN Security Council is a major factor regarding how some states are able to exert power over the UN. For example, any permanent member of the UNSC (China, Russia, the US, Britain or France) can veto any resolution proposed as they please. As a result of this we have seen much needed resolutions been dropped due to permanent members vetoing due to national interests. In the case of the conflict in Syria, both resolutions proposed by the UNSC were vetoed by Russia and China as they went against their national interests. In this way, the permanent five members are certainly more powerful than the UN. Furthermore, states sovereignty imposes limits on the extent to which the UN can protect human rights. States sovereignty can also mean that states can refuse to sign international agreements that are seen as against their national interests. For example, the US’s refusal to ratify the Kyoto Protocol. Nevertheless, the UN does exhibit some power over states. It can authorise the use of force or peacekeepers or economic sanctions against states where internal conflict has occurred. For example, in 2006 the UNSC authorised the use of peacekeeping troops in Sudan in response to the conflict in Darfur. Similarly in 2011, the UNSC authorised the use of force to protect civilians against the attacks of the Gaddafi regime. Conclusively, although the UN has the ability to authorise various
Under the UN Charter, the Security Council has primary responsibility for the maintenance of international peace and security and is argued to have power to intervene in the most serious issues which disrupt world order.
DESCRIPTION: The United Nations is an international organization established to promote intercontinental support. Therefore, the main role of the United Nations is to maintain international peace and security, to develop friendly relations among nations, to promote respect for human rights and to coordinate aid in disaster situations and to provide help on global issues such as drug trafficking and the environment.
Upholding human rights is essential for ensuring a fair and equitable society. In 1966, Australia and a majority of the world’s nations signed on to the International Covenant on Civil and Political Rights (ICCPR). After the atrocities committed in World War II this seemed like a positive step for ensuring acknowledgement and respect for the rights and freedoms of all people. However, the means of enforcing human rights is not a straightforward process. In response to ratifying the ICCPR, Australia set up the Australian Human Rights Commission. However, after a number of failed attempts, it has not followed through with implementing a
Much of the Federal legislation was implemented to comply with international terrorism treaties that Australia was party to (PA, n.d.-a). Examples of this legislation include ‘Chemical Weapons (Prohibition) Act 1994’, which complied with the Convention on the Prohibition of the Development, Production, Stockpiling and use of
Australian law has reflected the status of women in Anglo-Celtic culture. Today there are women in Australia from widely diverse cultural backgrounds and the law has a role in ensuring the safety, freedom, security and equality of opportunity for them all. As the status of women varies from culture to culture and changes over time, the law has had to adapt and evolve in order to fulfill its role.
Another major aspect this limb deals with is that of Australia’s relationship with the United Nations and other major international organisations .
Elder abuse happens more often than we think. It comes in the forms of physical, sexual and emotional abuse, neglect, exploitation and abandonment. I will give you the Elder Justice Act facts on policies, demographics, and how it affects the population. Following the facts, will be the issues of the Elder Justice Act. After discussing the issues, there will be possible alternatives/solutions, recommendations and possible outcomes of the recommendations. Then there will be a detailed discussion about future implications and long term outlook.
Law Reform in Australia is effective in varying degrees. Through Native Title Reform and Law Reform in Sport, the effectiveness of Law Reform in Australia is further outlined.
Human rights have been a perpetual concern for the contemporary global society in terms of its meaning, and interpretation. The Universal Declaration of Human Rights (UDHR) define human rights as “inherent dignity and of the equal and inalienable rights of all members of the human family” . Governments have different forms to protect these human rights; United States of America, United Kingdom, Canada, New Zealand following many other countries obtain a form of Bill of Rights or charter of rights. Australia does not have said document. However, there are other forms of laws which protect human rights in Australia.
It was quickly adopted by the United States and fifty other countries. This feature of equality was a very important. The attraction for other countries is that it let them feel like they would have a say in the General Assembly. This aspect is a major reason why the United Nations now has grown to include 185 nations, almost every country in the world. (Charter 321)
“ Here is a task truly of, by and for the world, one that should rally nations. The nature of this task however, must be clearly understood; only then can suitable means for accomplishing it be formulated, only then can the role that the United Nations could and should play be appreciated” ( Wilcox/Haviland, 29). There are many international organizations that have been talked about throughout this semester. One of the most important ones is The United Nations. The United Nations was established October 24, 1945, and has since then been impacting the country. The United Nations main purpose according to the lecture notes is “ to provide a global additional structure through which states can sometimes settle conflicts with less reliance on the use of force , for whole purpose of the United Nations is to provide the globe a forum by which countries may settle disputes through this forum peacefully as opposed to relying on a force which has been the case historically” ( Kopalyan, Module 8). Thus meaning The United Nations was set up to handle problems peacefully rather than going to war to try and solve problems. “Powerful economic as well as political forces are at work to bring about a growing integration of the world community, and the United Nations and its related agencies are uniquely fitted to assist in the task” (Wilcox/Haviland,45). This was some of the reason that the United Nations was created.
The United Nations, with its rigid moral and political limitations against force, has become a benchmark of peace and a social achievement of modern times. From war torn Europe, the United Nations developed from five major powers with an initial goal to prevent the spread of warfare through peaceful means and to establish and maintain fundamental human rights. Through the past fifty years, this organization has broadened its horizons with auxiliary organizations from peace keeping missions to humanitarian aid, to economic development. However, in a modern example of ethnic cleansing, the UN faces new a new role as a bystander as its power is bypassed by NATO forces. The UN, however, promises to be an