LAW REFORM

Question 1

JUDICIAL CHANGE

Answer 1

Judges make law via judicial precedent. Requires a case going to court for precedent to be altered. E.g. R v R - Marital rape

Question 2

APPLICATION OF JUDICIAL CHANGE

Answer 2

• Could begin legal action
• Not as common, judges need to be mindful of their constitutional position
• R v R
• Failed - Daniel James

Question 3

MEDIA CAMPAIGNS

Answer 3

People can go to the media to get attention on major issues. E.g. Sarah’s law, disclosure of registered sex offenders.

Question 4

PRIVATE MEMBERS’ BILLS

Answer 4

Members of parliament can put forward their own bills for discussion - though they are rarely successful. Sexual Offences Act 2003, new upskirting offence.

Question 5

APPLICATION OF PrM’s BILLS

Answer 5

• Majority of law reform is carried out by Parliament via repeal, creating, consolidating and codifying
• Difficulty in pursuing a PrM’s bill

Question 6

E-PETITIONS

Answer 6

UK parliament website allows petitions. 10,000 signatures = response from parliament, 100,000 = debated in parliament. E.g. Parliament lowered age for smear tests from 25 to 18.

Question 7

APPLICATION OF E-PETITIONS

Answer 7

• Can try and force discussion of the issue within parliament

Question 8

LAW COMMISSION

Answer 8

Set up under s3 Law Commission Act 1965 to “keep under review all the law”. Ensures simplicity, effectiveness, fairness
Repeal = Remove outdated laws, e.g. Statute Law (Repeals) Act 2013
Create = Suggest new necessary laws, e.g. Criminal Justice and Courts Act 2015
Consolidate = Bring together existing statute, e.g. Care Act 2014
Codify = Bring together existing statute and case law, e.g. Legislation (Wales) Bill 2020

Question 9

LAW COMMISSION ACT 2009

Answer 9

The government has to give reasons why it hasn’t implemented Law Commission proposals

Question 10

PRESSURE GROUPS

Answer 10

Interest Groups: Represent the interests of their members
Examples: Law Society, NUT
Cause Groups: Represent a common cause, based off the interest of their members
Examples: Greenpeace, Age UK
Influence Parliament by writing petitions and lobbying MPs, act as consultative bodies for Green + White paper process due to specialist knowledge

Question 11

APPLIED PRESSURE GROUP

Answer 11

• Could set up a pressure group to bring about reform of the law