Archive for The Legal System

11.26.09

De-wigging

Posted in Law in a Changing Society, The Legal System at 3:19 pm by admin

From January 2010 judges in the Supreme and District Courts of Western Australia will cease to wear wigs. Lawyers appearing before the court will also not be required to wear wigs.
The New Lawyer reports, that the Chief Justice explained that the Courts were vibrant, contemporary Australian institutions, and the changes reflected that fact:
“I have publicly stated since my appointment that I did not believe the wearing of traditional European court attire was appropriate in Western Australia in the 21st century,” he said.
Time will tell if the courts on Queensland follow suit.
For the report in The New Lawyer see:

http://www.thenewlawyer.com.au/article/Judges-to-lose-wigs/504994.aspx

See Legal Studies for Queensland Vol One 6.6 pp121

07.29.09

The Australian Constitution on your iPhone or iPod Touch

Posted in Technology, The Legal System at 1:56 pm by admin

Ben Kremer (who blogs at Lawfont) has created an iPhone and iPod Touch application that contains the text of the Australian Constitution.  You can download the free application at the iTunes Store here.

“Australian Constitution. Yes, We have one”

Posted in The Legal System at 1:53 pm by admin

Earlier this year, QUT law lecturer Peter Black sat down via Ustream with Nick Hodge to discuss the Australian Constitution:

Referendum on Smacking in New Zealand

Posted in Crime and Society, The Legal System at 12:55 pm by admin

Parents are allowed to smack their children in Queensland provided it is by way of correction or for purposes of discipline providing the force used is reasonable in the circumstances. This is the defence contained in Queensland’s Criminal Code section 280. For the arguments for and against reform to our ‘smacking laws’ see Legal Studies for Queensland, Chapter 7 pages 140 & 141.

New Zealand changed their law in 2007 removing the reasonable force requirement. This effectively made it illegal for parents to smack their children. The reform was undertaken to reduce the possibility of child abusers using the ‘reasonable force’ defence to escape conviction. This reform in New Zealand has been controversial. Some parents feel it is an unwarranted intrusion of the government into family life and that an occasional smack is an effective corrective tool that parents are entitled to use.
Hence the New Zealand government is taking the issue to the people. A referendum will be held to decide the issue. This could not be done in Australia as referenda are limited to amendments of the Constitution. See Legal Studies for Queensland . Chapter 2 pages 40 & 41.

280 Domestic discipline
It is lawful for a parent or a person in the place of a parent, or
for a schoolteacher or master, to use, by way of correction,
discipline, management or control, towards a child or pupil,
under the person’s care such force as is reasonable under the
circumstances.

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