Campaigning for law reform

In 2017, Victoria became the first Australian state to enact voluntary assisted dying (VAD) legislation which came into force in June 2019. Law reform is important to the legal system to ensure that laws reflect social and political developments and reform can be achieved in a number of ways. Throug...

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Veröffentlicht in:ISAA review 2023-06, Vol.18 (2), p.81-96
1. Verfasser: Vick, Lesley
Format: Artikel
Sprache:eng
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Zusammenfassung:In 2017, Victoria became the first Australian state to enact voluntary assisted dying (VAD) legislation which came into force in June 2019. Law reform is important to the legal system to ensure that laws reflect social and political developments and reform can be achieved in a number of ways. Through judicial decisions, for example, the courts can reform the law as the role of the courts is to interpret the laws made by Parliament. The rules of common law also enable judges to reform the law by setting new precedents in the cases that come before them. Legislative reform proposals can be developed through formal structures such as state or federal law reform commissions. Where a proposed reform involves a contentious area of law involving medical and moral questions-such as abortion or voluntary assisted dying-the path towards achieving the reform can be long and challenging, usually driven by community activist organisations and sometimes particular individuals. The history of the movement towards VAD reform in Victoria illustrates this process through the international context, medical decision-making over the 20th century and community activism in Australia.
ISSN:1444-0881