LEGAL STUDIES

Legal Foundations

Parliament of Victoria Explains:

How Parliament makes laws

Characteristics of an effective law

For society to function properly, laws must be effective. Criminal law must be able to protect individuals in society and punish those people who offend against society. To be effective, laws must meet the following criteria:

Reflective of society's values

In a democracy laws should reflect community values. Thus, for a law to be effective, it must be acceptable to the community otherwise members of the community may be inclined to disobey the law rather than go against their own values.

Enforceable

Although some laws may be seen to be a good idea, if they cannot be enforced, then they would be inoperable. An effective law must be able to be enforced. Law enforcers must be able to catch those who break the law and bring them to justice.

Clear and understood

It is important for a law to be unambiguous. Law must be written so that people can understand it and so that the intent is clear.

Known to the public

Ignorance of the law is not an excuse, however, laws must be made known to the public to be effective. Individuals bear the responsibility of knowing the law, however, law-makers need to inform the public of any new laws that have been passed in parliament.

Stable

Laws must be stable to be effective. In order to know the laws, members of the community need the stability of the law, they need the certainty that the law can be relied upon. This includes not only avoiding unnecessary changes but also clarifying and creating laws to provide stability.