law reform Flashcards
(13 cards)
define reform and state why it’s done
reform is to make something better by removal of faults or errors. reform in law can happen because of new technology, ambiguous language in a statute, changing societal attitudes and even emergencies.
where do ideas for new changes to existing law come from?
government policies- manifestos
judges- decisions can impact general public or organisations
media- word of mouth and mixed opinions can spread and influence change
pressure groups- campaigns running for certain causes
general public- societal attitudes concerned or no longer concerned about an issue.
how can government policy influence law refom?
when there is a general election, political parties publish a list of their polices and suggest reforms and new laws they would introduce if their party becomes the winning party of the general election (next government) this is also known as manifestos. example was Human Rights Act 1998
how can media influence law reform?
media includes television, newspapers and internet sources. can raise the attention of the public quickly and it represents/influences public opinion. Double Jeoprady- criminal justice act 2003
how do pressure groups influence law reform?
groups of people who campaign for a particular cause to raise attention of government. can make government reconsider certain areas of the law, such as the League Against Cruel Sports who campaigned for the Hunting Act 2004.
how does lobbying influence law reform?
lobbying means trying ti persuade government ministers or individual MPs to support a cause by meeting in the lobbies of the house of commons. Snowdrop campaign for the banning of handguns led to Firearms Amendment Act 1997 which banned ownership of handguns.
where do proposals for law also come from?
law reform bodies
what’s the most important law reform body and what law sets it up?
law commission
Law Commission Act 1965
who sits on the Law Commission?
High court judge
four other law commissioners who are experts in law
what’s the Law Comissions role?
Keep all English law under review
Receive and consider proposals for law reform and consult relevant parties
put forward proposals for reform
repeal- to remove a law. consider its validity. by 2015 there were 3000 acts that were repeated.
Consolidation- to form all existing provisions together in one act to make the law more accessible. The powers of the criminal courts act 2000
Codification- bringing together all the law, both statutory and judicial precedent, on a topic to one single law. Sentencing Act 2020, sentencing adults and young offenders.
how the law commission works
the commission researches the area of law needing reform
it publishes a consultation paper, seeking views on possible reform from lawyers, academics and anyone with an interest in the area under investigation. the consultation paper will suggest options for reform.
LC will then draw up proposals for reform presented in a researched report. there will be often be a draft bill attached to the report which can be considered by Parliament.
advantages of Law Commission
old laws removed
lawyers can advise their clients
aims on improving the law
contains legal qualified commissioners
disadvantages of Law Commission
not bound to consult the law
not bound to accept LC reports
PL don’t tend to focus on all legal issues
reluctant to find pure law issues
