Criticisms of Law Reform

Question 1

Parliament lacks time for pure reform

Answer 1

It is constantly driven by routing issues such as financial matters, foreign affairs, taxation, Eu law

Question 2

Government too much influence over legislative programme

Answer 2

Pushing through ambitious party political legislation takes priority over law reform which is not a cute winner

Question 3

Public opinion and the media

Answer 3

The public may not be fully informed about some matters (ie national security) and bowing to public opinion is not always the right thing to do. The media have also been accused of manipulating the news and creating public opinion

Question 4

Judicial decisions may alter the law (r v r 1990) or influence Parliament to do so (fisher v bell 1961)

Answer 4

But there are many who would argue that this is beyond their remit and that judges should merely apply and interpret known law.
To do otherwise breaches the Supremacy of Parliament and Separation of Powers.

Question 5

Parliament is insufficiently representative

Answer 5

Increasingly globalised and diverse society, greater use of the referenda should be made to gauge public opinion on matters of ethical and social concern.

Question 6

Role of pressure groups criticised

Answer 6

Some groups have taken their arguments too far in using extreme tactics which then detract from the argument. A lack of objectivity and confusion can also be caused by opposing groups.

Question 7

Law commission mixed success rates

Answer 7

First 10 years-85% of proposals made law
Second 10 years-10% of suggested reforms became law
=lack of Parliamentary time and Law Reform not winning votes.
Overall 2/3rds of the Law Commissions proposals are enacted