Unit 4 – Area of Study 2: The people, the parliament and the courts​

Outcome 2

​Discuss the factors that affect the ability of parliament and courts to make law, evaluate the ability of these law-makers to respond to the need for law reform, and analyse how individuals, the media and law reform bodies can influence a change in the law.

Examples of learning activities

• Draw up a table showing the factors affecting the law-making ability of parliament. Indicate how and why each factor either enhances or limits parliament’s ability to both make law, and respond to the need for law reform.​
• Design an info graphic that explains and illustrates the reasons for statutory interpretation, and the possible effects.​
• Draw up a table showing the factors that affect the law-making ability of the courts. Indicate how each factor enhances or limits the ability of courts to make law.
• Create a detailed map illustrating the relationships between courts and parliament in law-making.
• Produce a flowchart depicting the stages in a recent example of either a parliamentary committee or a Royal Commission making a recommendation for law reform. Show the process, and the steps involved, from the beginning to the end. Illustrate how the law was changed.
• Apply legal reasoning to an actual scenario of law reform. Discuss the extent to which parliament and the courts are able to make laws and their ability to respond to the need for law reform.

• Research and report on a recent attempt to influence change in an Australian law.​​

Detailed example

Research and report: Influencing change in an Australian law​

Research an example of a recent attempt (whether successful or not) to influence a change in the law in Australia. ​Present your findings in a written report to the class.

Some guiding questions for research might include:

• What is the existing law?
• What arguments were presented as evidence of the need to reform this law? By whom?
• Was there opposition to the proposed law reform? By whom? What arguments were used in opposing the law reform?
• Summarise the key players and their roles in their attempt to influence legislative change? Present this in a table.
• Outline the means used by group/s to bring about law reform.
• Outline the role played by the media in influencing this law reform and its potential success.​

Draw up a table summarising your findings under the following headings:

• The reasons for the attempt to influence change in the law.
• The means used by individuals to influence law reform.
• Analyse the role of the media and social media in the attempt to influence legislative change.
• Describe any political pressures faced by parliament in relation to the intended change.
• Discuss the extent to which the attempt was successful.​​​