Criticism of the legislative process Flashcards
What Committee said there were 4 main categories of complaint in 1975?
the Renton Committee in 1975
What were the 4 main categories of complaint in 1975 by the Renton Committee ?
- Language in many Acts too obscure & complex
- Acts were ‘over-elaborate’ as draftsmen tried to provide for every contingency
- The internal structure of many acts were illogical, making it difficult for people to find relevant sections
- Lack of clear connection between Acts, not easy to trace all Acts on a given topic
How many recommendations did the Renton Committee suggest in 1975? how many implemented ?
81 , but inly half of these have been fully implemented
How is the Criminal Justice Act 2003 an example of problems with knowing what sections and schedules are in force? (6)
Criminal Justice Act 2003 which has 339 sections and several schedules
- only 11 sections came into force when the Royal Assent was given
- more 4 weeks after RA
- 300+ sections have been brought into effect over time
- Schedule 3 was brought in 2012
- Some sections have still not been brought into effect
What was schedule 3 of the Criminal Justice 2003?
schedule 3 concerned how certain cases would be transferred from the MC to the Crown Court , only brought into effect in 2012
How is the fact that sections are brought into effect at different times a disadvantage?
prevents the law from being easily accessible
How is the Coroners And Justice Act 2009 an example of when sections were brought into force at different times?
-the sections in regard to partial defences to murder were not brought into effect until a year after the Act was passed
Which 2 Acts are examples of when sections were brought in at different times?
- Criminal Justice Act 2003
- Coroners and Justice Act 2009
Why can the fact that there are many statutes which amend later statutes a problem?
it may be necessary to read two or more Acts together to make sense
How is the fact that law can be added to by delegated legislation in the form of statutory instruments a problem?
increases the difficulty of discovering the law that is actually in force
What percentage of cases heard by the Supreme Court/HOL each involve disputes ver interpretations of Acts
75%
