Title: Opportunities for Regional Cooperation in Law Reform
1Opportunities for Regional Cooperation in Law
Reform
- Professor David Weisbrot AM
- President, Australian Law Reform Commission
- ALRAC 2008, Port Vila, 11 Sept 2008
2LRAs Across the Commonwealth
- England and Wales (1965), Scotland, Northern
Ireland, Ireland - Canada (federally most provinces)
- Caribbean Jamaica, TT
- Asia India, Pakistan, Sri Lanka, Hong Kong
- South Africa, Namibia, Malawi, Lesotho, Kenya,
Uganda, Tanzania (Botswana planning for 2009)
3ALRAC / Oceania
- Australia Cth, NSW, Vic, WA and Qld LRCs NT
LRCee, Tas LRI - NZ LC
- PNG LRC ? CLRC (entrenched in Const)
- Solomon Islands LRC
- Nauru CRC
- AGs/SGs offices Tonga, Vanuatu, Kiribati
- Role for Unis (USP, UPNG, NUS)?
4Institutional law reform charters
- Systematically develop and reform law, by
- Adapting the law to current conditions, needs
- Removing defects, and obsolete or unnecessary
laws - Simplifying the law
- Adopting new or more effective methods of
administering the law and dispensing justice - Improving access to justice
- Consolidating, harmonising laws
- While having regard to
- Personal rights and liberties, the ICCPR,
Australias international obligations - The costs of gaining access to, and dispensing,
justice
5Now more of a think tank
- ALRC ? the Australian Governments think tank
for major legal and policy issues - black letter (marine insurance, legal
professional privilege) - socio-legal (Aboriginal custom, multiculturalism,
women and the law, ageing population, privacy) - harmonisation (evidence, privacy)
- over the horizon issues (genetic privacy and
discrimination, gene patenting) - PNG and others ? also have constitutional review
and reform dimension
6The Promise of Law Reform
- Federation Press, 2005
- ALRC 30th anniversary project
- 30 chapters on all aspects of law reform
(Australia and internationally)
7Sawers four attributes (1970)
- The new principle of law reform involves a
body with four attributes - permanent
- full-time
- independent, and
- authoritative
8Attributes of a 21stC LR agency
- To survive and thrive, a modern Law Reform
Agency also must be - generalist
- interdisciplinary
- consultative and
- implementation-minded.
9Generalist
- Should be prepared to work in any area of law or
procedure - including (especially?) outside of the comfort
zone, and pull in specialist expertise. - Particularly well placed to
- monitor dispersed reform activity
- provide some coherence to the general project of
law reform - promote harmonisation, complementarity
- transcend specialist categories.
10Authoritative
- Reform must proceed from a platform of
outstanding, meticulous scholarship - A Report should have independent and enduring
value as an authoritative text, beyond the
specific recommendations - eg ALRC reports on Evidence, Admiralty, Genetics,
Sentencing, Privacy - ALRC website figures highlight demand older
reports still heavily requested - eg Recognition of Aboriginal Customary Laws (1986)
11Interdisciplinary
- International and comparative approaches
- Work on complex issues at the intersection of law
and social policy - Manage sophisticated empirical and
multidisciplinary research - something courts (eg) cannot do
12Tailored consultation
- Deep commitment to public consultation the
essential and distinguishing feature - Challenge in designing effective consultation
- Properly done, confers benefits
- for those consulted
- for the process of law reform and
- enhanced effectiveness and acceptability of the
law once reformed.
13Tailoring outcomes
- not all issues and disputes are legal
- appreciation of the complexity of social
institutions and problems, and of competing
interests - power much more diffused, and not entirely
invested in the government - seeking practical, low cost solutions
- meeting increased desire for direct participation
in civil society and in public policy-making.
14ALRC Cooperation Efforts
- Hosting attachments, on-site training (usually
1-4 weeks) - Singapore Law Review and Reform Division
- Malawi LRC
- Lesotho LRC
- Kenya LRC
- PNG CLRC
- Solomon Islands LRC
- On-site training programs
- for PNG CLRC (Moresby),
- for Brazil INQJ (Sao Paolo, Rio and Brasilia)
15Program at PNG CLRC 2/07
16Training session at PNG CLRC
17Training session at PNG CLRC / 2
18Training session at PNG CLRC /3
19SILRC _at_ the ALRC - Dec 2007
20SILRC in Sydney - Dec 2007 2/
21SILRC in Sydney - Dec 2007 3/
22ALRC Cooperation Efforts 2/
- Meetings (2005-)
- Bangladesh, Indonesia, Japan, China, Vietnam,
Philippines, Macau, Malaysia, Sri Lanka,
Kazakhstan, Tanzania, Uganda, South Africa, NZ,
Sweden, Fiji, Solomon Islands, PNG - Provision of materials
- consultation papers, reports
- Research design, empirical methodology (Brazil,
HK re civil justice) - Support for CALRAs (website etc)
23CALRAS.org
24For further information
- ALRC website all papers, reports available
online (free) www.alrc.gov.au - Email info_at_alrc.gov.au
- GPO Box 3708, Sydney 2001