Law Reform Flashcards
(32 cards)
List the influences on law making :
*Political
*Public opinion and the media
*Pressure Groups and Lobbyists
*Public inquiries and emergency situations
*Law Commission
How does government policy influence law making?
When a government is formed it will have a list of reforms it wishes to carry out in its party manifesto.
What is an example of government policy influencing law making?
The Human Rights Act 1998 fulfilled a labour manifesto commitment to incorporate the European Convention on Human Rights into UK law.
How does public opinion and the media influence law making?
If there is a strong public opinion the government may give into the public. Public opinion is often expressed through the media, which can often add to the weight of public opinion by offering free press and increasing public awareness.
What is an example of public opinion and the media influencing law making?
The Voyeurism Act 2019 made up-skirting a specific offence as a result of a high profile case in the media which caused public outrage.
What is a pressure group?
An organisation formed to bring their issues to the attention of the public and government.
How may pressure groups seek to influence ?
-lobbying (persuading) individual MPs to support their cause
-direct action (strikes or demonstration)
-petitions
-media and advertising to attract public sympathy
What is an example of pressure groups and lobbyists influencing law making?
A campaign by the League Against Cruel Sports led to a ban on fox hunting in the Hunting Act 2004
How do Public inquiries and emergency situations influence law making?
Public inquiries investigate issues of serious public concern, scrutinising past decisions and events. They are commissioned by the government and investigated by an independent panel. Emergency situations also influence Parliament to act due to serious public concern.
What is an example of Public inquiries and emergency situations influencing law making?
The Coronavirus Act 2020 enabled the government to impose a national lockdown to prevent the further spread of coronavirus.
What is the role of law commission on influencing law making?
To systematically keep all English law under review and recommend reform where it is needed, stated by the Law Commissions Act 1965.
What act states the regulations of Law Commission?
Law Commissions Act 1965
Who does the Law Commission consist of?
-A chair - either a High Court or an Appeal Court judge
-Four other Commissioners who are experienced judges,barristers,solicitors, or academics.
They are appointed by the Lord Chancellor
What are the 4 stages of Law Commission?
- Referral
- Research
- Consultation
- Proposals for reform
What act draws together 65 different acts of Parliament into one single ‘sentencing code’?
The Sentencing Act 2020
Explain this stage of Law Commission : Referral
Topics may be referred by the Lord Chancellor on behalf of the government, or the Law Commission itself will select areas that need reform
Explain this stage of Law Commission : Research
Law Commission researches the area of law to identify its problems, it may approach specialists in the area or look at how other legal systems deal with similar problems
Explain this stage of Law Commission : Consultation
A consultation paper is published seeking views on possible ideas for reform, it will set out existing law and its problems, giving arguments for and against. This paper is circulated widely to all interested parties.
Explain this stage of Law Commission : Proposals for reform
The Law Commission analyses the responses to consultation, to help develop and refine ideas. A report is presented giving final recommendations and proposals for reform. Often there is a draft Bill attached to the report.
True or false
The Law Commission has power to change the law.
False
Which act places a requirement on the Lord Chancellor to report to Parliament annually on the governments progress in implementing the Law Commission’s reports?
The Law Commission Act 2009
What does the Law Commission Act 2009 do?
Require the Lord Chancellor to report to Parliament annually on the governments progress in implementing Law Commissions reports.
What is an example of Law Commission?
The Consumer Rights Act 2015, which gives consumers the legal right to reject faulty goods and the right to refund if they act within a reasonable time.
What does the Consumers Rights Act 2015 do?
Gives consumers the legal right to a refund if they act within a reasonable time.
