Law Reform Flashcards
(26 cards)
What does law reform mean?
Where we change the law to, hopefully, make it better.
Why do we need to reform the law?
If the law is outdated, the law may be unclear, there may be people calling for change.
What things/groups/people can influence law making and reform?
Political influences, the media, pressure groups/lobbyists, the Law Commission.
How can Political Influences introduce law reform?
Political parties publish manifestos setting out political ideas/aims in a bid to get votes. If elected, they make these plans law. A backbench MP can also introduce a new Bill into Parliament.
How can Political Influences introduce law reform examples?
- The Labour Party in its 1997 manifesto promised increased protection of British citizens’ rights, leading to the Human Rights Act 1998.
- The Abortion Act 1967 was introduced by David Steel.
How can Public opinion/ the media introduce law reform?
These media outlets bring public opinion to the Government’s attention and run campaigns to pressure the Government to change the law.
How can Public opinion/ the media introduce law reform examples?
Intense pressure from the media after a number of children were killed by dogs pressured Parliament into passing the Dangerous Dogs Act 1991.
How can pressure groups introduce law reform?
Groups with a particular interest bring important matters to the attention of the public and the Government.
How can pressure groups introduce law reform examples?
Sectional pressure groups: represent a group/section of society and their interests - NEU, BMA, NFU.
Cause pressure groups: Focus on specific causes rather than groups of people - Oxfam, GREENPEACE, WWF.
Pressure from animal rights group The League Against Cruel Sports persuaded Parliament into passing The Hunting Act 2004.
How can lobbyists introduce law reform?
They try to persuade MPs to support their cause by lurking in the House of Parliament and often ask MPs to bring up their cause in the House of Commons to raise publicity.
How can The Law Commission introduce law reform?
An independent group of legal experts who find problems within the law, conduct research into how to fix these problems, and then propose changes to Parliament.
Who makes up the Law Commission?
The Chair, 4 other commissioners, Chief Executive + Personnel, 2 Non-Executive Board Members.
Who is the Chair?
The Chair is either a High Court judge or Appeal Court judge, appointed by the Lord Chancellor and Secretary of State for Justice for up to 3 years.
Who are the 4 other Commissioners?
All experienced judges, barristers, solicitors or teachers of law, appointed by Lord Chancellor & Secretary of State for Justice for up to 5 years.
Who are the Chief Executive + Personnel?
Commissioners supported by a Chief Executive and about 20 members of the Government Legal Service, two Parliamentary Counsel, and a number of research assistants.
Who are the 2 Non-Executive Board members?
Non-Executive Board members provide support, independent challenge and expertise on issues of governance and strategic management.
What does the law commission do?
s3 of the Law Commissions Act 1965 says the Law Commission’s duty is to: ‘review all areas of law & reform it by codifying the law consolidating the law and repealing the law.’
What is Codifying?
Bringing all law (statute and cases) on one large area of law together into one new legal code.
In 1985 the LC proposed a new Criminal Code, bringing together almost all criminal offences. But no Government has ever implemented the full code.
What is Consolidating?
Bringing all law (statutes and cases) on one smaller area of law together into one Act.
In 1998 the LC proposed a new Bill on non-fatal offences, but this still hasn’t been implemented. One success was the Family Law Act 1996.
What is Repealing?
This means getting rid of laws that are no longer needed. The LC suggests to Parliament laws that should be repealed.
Parliament has passed 19 Statute Law (Repeal) Acts due to the LC’s recommendations.
How do the Law Commission make reforms? Step 1
An area of law is referred to the LC by the Lord Chancellor on behalf of the Government; or the LC chooses a topic themselves and seeks Government approval.
How do the Law Commission make reforms? Step 2
The LC looks at cases, statutes and academic articles to understand the current state of the law.
How do the Law Commission make reforms? Step 3
After Research, the LC publishes a consultation paper containing a description of the current law, explaining the problems and recommending reforms.
How do the Law Commission make reforms? Step 4
The LC draws up firm proposals for reform in a report, usually containing a draft Bill that lays out the exact way the new law should be formed.
