Law Reform

Question 1

What are the methods of law reform

Answer 1

• Parliamentary legislation
• Law Commission
• Royal Commission

Question 2

Describe the role of the law commission

Answer 2

• Reform (update) = consultation with interested parties then draft report/bill for parliament
• Codification (simplify) = originally for family but focus on smaller areas
• Consolidation (bring under 1 act) = not change law just group together for accessibility
• Repeal (cease to be law) = LC advise but only parliament can do, >3000 repealed

Question 3

Describe the role of the royal commission

Answer 3

Form to review specific areas of law which are of public concern, disbanded once decided

Question 4

What are the influences on parliament

Answer 4

• Political
• Public opinion
• Media
• Pressure groups
• Lobbyists
• Law Commission

Question 5

Explain how political factors influence parliament

Answer 5

• Manifesto’s = promises of legal/economic/policy action
• Eg. Hunting Act 2004
• Pros = govt majority means usually easy to pass
• Cons = hard to fulfil promises, overpromise to win votes

Question 6

Explain how public opinion influences parliament

Answer 6

• Votes = democratic society to decide on issues
• Eg. Brexit
• Pros = laws reflect societal views
• Cons = hard to gauge public opinion

Question 7

Explain how the media influences parliament

Answer 7

• Media = source of gauging public opinion
• Eg. Dunblane Massacre changed gun law as public felt strongly
• Pros = press is free to criticise govt and act as a control
• Cons = news can be manipulated, cause moral panic, lead to rushed legislation (Dangerous Dogs Act 2004)

Question 8

Explain how pressure groups influence parliament

Answer 8

• Pressure groups = represent certain groups and bring attention to issues
• Eg. Smoking bans
• Pros = bring new scientific discoveries to govt attention
• Cons = conflicting interests (animal rights v hunting)

Question 9

Explain how lobbyists influence parliament

Answer 9

• Lobbyists = professional organisation representing clients interests
• Eg. Climate change
• Pros = anyone can approach
• Cons = expensive and so unrepresentative and unaccessible

Question 10

Explain how the law commission influences parliament

Answer 10

• LC = keep the law under review and suggest change
• Eg. Digital Economies Act 2016
• Pros = objective, experts, accessible
• Cons = parliament not obliged to follow advise (OAPA 1861)

Question 11

Describe the advantages of law reform

Answer 11

• Saves parliamentary time
• Legal experts
• Consultation
• Explore large areas of law
• Make law more accessible (consolidation)
• Simplify and modernise

Question 12

Describe the disadvantages of law reform

Answer 12

• Slow
• Low priority (not politically important)
• Some never implemented (time and money)
• Lack parliamentary time (not fully debate)
• Parliament may change recommendations (lacks expertise)