1.1 Law Reform

Question 1

How do judges make law?

Answer 1

Judges make law through the system of judicial precedent.

Question 2

How does judicial change work?
Can you give any examples?

Answer 2

It relies on the individual taking a case to court, which is not always successful, for example Tony Nicklinson who wanted to change the law on assisted suicide.

Examples:
R v R (marital rape)
R (Steinfield and Keiden v Secretary of State for International Development) – heterosexual civil partnerships.

Question 3

Is the concept of judges making law popular?

Answer 3

Judicial law making is not very popular;

1. it is undemocratic and unconstitutional,
2. judges are not representative and have a narrow view of the law,
3. Judicial change does not benefit from the debate and discussion that in Parliament.

Question 4

What influences law reform?

Answer 4

1. The Media
2. Private Members Bills
3. ePetitions
   4 Pressure Groups

Question 5

Give examples of how the media can influence law reform?

Answer 5

• Issues of public concern can be
  highlighted in the media.
• Campaigns can be run through the
  tabloids to put pressure on the media.
• Examples:
  Sarah’s Law (disclosure of convicted
  sex offenders)
  Clare’s Law (disclosure of partners’
  violent history)

Question 6

Give examples of how Private Members Bills can influence law reform?

Answer 6

• MPs can respond to their constituents’ concerns by introducing a Private Members’ Bill.
• The concept is that the MP will win a ballot
  which gives them 20 minutes to pitch their
  proposal in the House of Commons.
  Very unlikely to be successful.

Examples:
* Dangerous Dogs Act 1991
* New upskirting offence – Sexual Offences Act 2003
* Abortion Act 1965

Question 7

Give examples of how e-PETITIONS can influence law reform?

Answer 7

e-PETITIONS
* Anyone can start a petition on the UK Parliament website.

• 10,000 signatures = response from House of Commons
• 100,000 signatures = debated in the House of Commons.
• Current statistics (March 2019):
  295 = received a response
  53 = debated in House of Commons.
• Examples:
• reform to sentencing for knife crime
• lower age for smear tests from 25 to 18

Question 8

Explain how Pressure groups can influence law reform?

Answer 8

They can influence Parliament by writing letters, lobbying MPs, organising petitions and gaining publicity.

They can act as a consultative body by being consulted as part of the Green and White Paper process.

Question 9

There are two types of pressure group, can you name them and give examples?

Answer 9

Two types of pressure groups:

1. Interest Groups: These are groups which represent the interests of their members, and membership is restricted to the people they represent.

Examples: Law Society, British Medical Association, National Union of Teachers.

2. Cause Groups: These are groups which represent a common cause, based on the shared interests of its members.

Examples: Greenpeace, Fathers 4 Justice, Age UK

Question 10

How can cause pressure groups be effective?

Answer 10

Effective:

− Facilitate public discussion and educate people
− Specialist knowledge can inform governments
− Enhance democracy and encourage people to engage in politics.

Question 11

How can cause pressure groups be ineffective?

Answer 11

Ineffective:
− Only provide a one-sided view of an issue
− Undemocratic in the sense that they are unelected
− Can use illegal tactics to attract attention – Occupy London.

Question 12

When was the Law Commission set up and what is its purpose?

Answer 12

LAW COMMISSION
* Set up under s3 Law Commission Act 1965 to “keep under review all the law”

Question 13

Can you provide the 4 main roles of the Law Commission with examples of each?

Answer 13

1. Repeal: to delete old, obsolete and out of date laws.
   Example: Statute Law (Repeals) Act 2013.
2. Create: to create new laws in response to public demand or because of pressure from other groups.
   Example: Criminal Justice and Courts Act 2015.
3. Consolidate: to bring together successive statutes on the same subject.
   Example: Care Act 2014.
4. Codify: to bring together all the rules including case law into one statute.
   Example: failed attempt to codify criminal law in UK

Question 14

What did the Law Commission Act 2009 bring in?

Answer 14

• Law Commission Act 2009:

annual report, new parliamentary procedure, guarantee from relevant Minister

Question 15

Can you name any of the Law Commissions current projects?

Answer 15

• Current Projects: surrogacy, electronic signatures, smart contracts, automated vehicles.