Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Law Paper 2 > 2A: Law Reform > Flashcards

2A: Law Reform Flashcards

(36 cards)

Start Studying
1
Q

What is the history of Law Reform Bodies? (4 dates)

A

1616- Lord Chancellors calling for appointment of ‘law comissioners’ to keep laws up to date

19th Century- No response until now, PIECEMEAL reforms

1934- Law revision commitee created, was there for 5 years, until it was disbanded in the outbreak of the war

1965- Full time body with wide responsibility for Law Reforn: The Law Comission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the several bodies who influence Parliament?

A

-Pressure groups
-Political power / Parliament
-Media
-Lobbyists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are Pressure Groups and some examples of them?

A

-Groups of people who share the same cause or interest.
-EG: Just Stop Oil, Amnesty International

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How do Pressure Groups influence Parliament?

A

A VARIETY of ways: such as:
- protests,
- petitions
- and publicity stunts.
-Many groups lobby MPs and local councils trying to get their beliefs heard.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are Cause Pressure Groups?

A

-Have open membership from the public.
-Promote a cause, e.g. Friends of the Earth, protecting the environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are Sectional pressure groups?

A

-Open only to certain individuals, like the members of a trade union, e.g. the National Union of Journalists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an example of a pressure group that successfully achieved change?

A

STONEWALL:
-Campained for same-sex marriage to be legalised in England + Wales
-Generated publicity,public interest
AS A RESULT: Marriage legalised in 2014

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ADVANTAGES OF PRESSURE GROUPS (3)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

DISADVANTAGES OF PRESSURE GROUPS (3)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Political Influence in Parliament?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

ADVANTAGES OF POLITICAL INFLUENCE

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

DISADVANTAGES OF POLITICAL INFLUENCE

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are Lobbyists?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

ADVANTAGES OF LOBBYISTS

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

DISADVANTAGES OF LOBBYISTS

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the Media as a pressure group?

17
Q

ADVANATAGES OF MEDIA

18
Q

DISADVANTAGES OF MEDIA

19
Q

What Act set up the Law Commission and what is it?

Study These Flashcards
A

-Set up by Law commissions Act 1965
-Full-time body who investigate a variety of laws that need reform.

20
Q

Who does the Law Commission consist of?

Study These Flashcards
A

5 people:
- A chairperson who is a High Court Judge

  • 4 highly qualified lawyers

ADDITIONALLY:
- A support staff to assist with research

21
Q

What Section of the Act states the duty of the Law Commission?

Study These Flashcards
A

-Section THREE
(Of the Law Commissions ACt 1965)

22
Q

What did Section 3 of the Law Commission Act 1965 state?

Study These Flashcards
A

‘The objective of the Law Commission is to identify areas of law where reform is necessary,
codify the law,
repeal obsolete laws, consolidate and
modernise the law.’

23
Q

What is the Law Reform process for The Law Commission?

Study These Flashcards
A

1- Topic of research chosen by Law Commission/reffered by government

2- Law Commission researches law

3- Law Commission issues consultation paper

4- Law Commission issues final report

24
Q

What is Codification?

Study These Flashcards
A

-Bringing together all the law on the topic into a complete code of law
-Makes law easier to find/ simplier

25
What is Consolidation?
-Drawing together several statutes into one Act. -Some law is consolidated and then fragmented again by further statute law.
26
What was the initial purpose of codification + how has it changed?
-To codify large areas of law eg family law: *abandoned approach* -New approach= *'building block' approach* which includes codifying smaller sections
27
What are the differences between Consolidation and Codification?
(1) Consolidation= combines *provisions* of STATUTE Law BUT Codification= can include *more sources* of law eg, common law (2) Consolidation= results in *statute* HOWEVER Codification results in *complete code of law* for that are
28
What is Repeal?
-Identifying old Acts which are *no longer used*, so that Parliamet can *revoke*
29
How many out-of-date statutes have been removed and how many Repeal Acts have been made since 2015?
-Over 3,000 statutes have been completely removed -19 Repeal Law Acts since 2015
30
How does Implementation in the Law Commission Reform work?
-Parliament must pass a *Law Commission suggestion* for it to *become legally binding*
31
What are the measures taken to increase Implementation?
-Law Commission Act 2009 places requirement on the Lord Chancellor to report Parliament *annually* on progress in implementing reports -Dedicated parliamentary procedure to implement LC reports regarded as 'uncontroversial'
32
How many Acts have passed since the new measures have come into place?
-6 ACTS -66% of LC Reports
33
What is a example of Acts that have been passed by the Law Commissiom?
- Corporate Manslaughter and Corporate Homicide Act 2007 -Made *corporations* criminally liable for *deaths* caused by their *working practises* - Coroners and Justice Act 2009 -Abolished *provocation* and replaced it with *loss of control*
34
ADVANTAGES of Law Commission (4)
(1) The Law Commissioners = legal experts so will have a *better understanding* of which areas of law need to be reformed. THEREFORE: laws created can be very *clear* because of this expertise. THEREFORE: this reduces the *need for lawyers* and *cost for litigants* when these laws are being used. (2) Law Commissioners change *every 5 years* allowing for new experts to join the group THEREFORE: New/fresh/diverse perspectives and ideas for how the law should be *reformed* + more *representative* (3) Law Commission will produce a *draft Bill* for any laws they consider need reform. THEREFORE: saves *parliament time.* THEREFORE: System which involves far fewer people, less *burden on the taxpayer* than laws created by parliament. (4) Law Commission will do a great amount of *research+consultation* before they suggest a change in the law. THEREFORE: increases *public confidence* as it may result in *better laws* being created.
35
DISADVANTAGES of Law Commission (4)
(1) Failure of Parliament to implement reforms. BECAUSE: The proposals of may not be in keeping with the Government of the day so it would be unlikely for them to be implemented. THEREFORE: proposal is not implemented, then taxpayers’ money has been*wasted* paying the LC whilst rese arching that proposal. (2) Lack of Parliamentary time for ‘pure law’. EG: Areas of law, such as criminal law are still in a disorganised state. THEREFORE: Leads to *less certainty* in the law as judicial precedent must be relied on for changes to be made. (3) Major changes to law can happen *withou*t the LCs extensive knowledge and research. THEREFORE: the law can lack *consistency and clarity*. (4) The Law Commission is made up of 5 members. THEREFORE: Their proposals may not reflect the view of the *majority* of legal experts in the land. THEREFORE: Making the law less *representative.*
36

Law Paper 2 (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions