Influences On Law Making

Question 1

What are the several influences on parliament In deciding new/reforming laws?

Answer 1

Political (govt. policy)
Public opinion and the media
Pressure groups and lobbyists
Public inquiries and emergency situations
Law commission

Question 2

How does political/government policy) influence Parliament?

Answer 2

When govt. is formed, it sets out a programme of reforms in the party manifesto that people vote for. At start of each parliamentary season, govt. announces in kings speech what laws it will bring in e.g. HRA 1998

Question 3

How does public opinion and media influence law making?

Answer 3

When there is strong public option about a change to the law, it is in govt. interest to listen for elections, these opinions are expressed on tv, newspapers and internet.
E.g. Voyeurism Act 2019 made upskiring a specific offence after a high profile case in media

Question 4

How do pressure groups and lobbyists influence law making?

Answer 4

Pressure groups are organisations formed to bring issues to attention of govt. / public by lobbying individual mps, direct action like strikes/protests, petitions or media/advertising to attract public sympathy
E.g. campaign by League Against Cruel Sports led to ban of fox hunting in Hunting Act 2004

Question 5

How do public enquiries and emergency situations influence law making?

Answer 5

Public inquiries investigate issues of serious public concern, scrutinising past decisions and events, commissioned by govt. and investigated by independent panel e.g. Cullen Inquiery to Dunblane school shooting led to Firearms (Amendment) 1997, banning handguns
Coronavirus Act 2020 for emergency

Question 6

How does the law commission influence law making?

Answer 6

Law Commission created by Law Commision Act 1965 systematically keeps English law under review and recommends reform where needed, aims to ensure that law is fair, modern, simple and cost effective

Question 7

What does law commision consist of!

Answer 7

Chair who is either a High Court or Appeal judge and four other commissioners who are experienced judges, barristers, solicitors or academics.
Appointed by Lord Chancellor or Sec. State of Justice.
Also support staff to assist research

Question 8

What do law commission do aswell as proposing new laws?

Answer 8

1. Consolidation:
2. Repeal
3. Codification

Question 9

What is consolidation in law commission?

Answer 9

drawing together law contained in several AOP into one act. Needed as some areas of law have a no. of statutes with small bit of total law. More accessible. Sentencing Act 2020 brought 65 acts into a single sentencing code

Question 10

What is repeal in law commission?

Answer 10

Removing outdated/obsolete AOP. Only parliament can repeal but law commission can advise. Statutes of Marlborough 1267 passed by Henry III. In 2015 Statue Law (Repeal) Report, Prepossed repeal of 200 acts

Question 11

What is codification in law commission?

Answer 11

Brings together all law on one topic into complete code of law so simpler and easier to find. In 1985 law commission published draft criminal code including all main principles of criminal law. Never implemented but law commission since 2008 focuses on smaller areas

Question 12

How does the law commision work?

Answer 12

1. Topics reffered by Lord Chancellor or chosen by Law Commission itself in areas needing reform (taking into account importance, suitability and needed resources)
2. Law commision researches area of law to identity problems, may approach specialists
3. Consultation paper published seeking views on possible reform, sets out in detail existing law + problems, assessing solutions and inviting comments
4. Law Commision analysers responses to develop thoughts. Report is presented with final recommendations and proposals for reform. Often draft bill attached

Question 13

Does commission have power to change law?

Answer 13

No but due to Law Commission Act 2009, Lord Chancellor must report to parliament annually to see progress in implementing reports

Question 14

E.g. success of law commission

Answer 14

Consumer rights act 2015 gives consumers right to reject faulty goods and right to a refund if act within reasonable time

Question 15

What are adv and disadv of political influence?

Answer 15

adv: each party and it’s proposals are know and ready if elected
Gov. Majority means most laws it introduces will be passed
Disadv: new govt. may repeal or alter laws made by previous govt.
Difficult for minority/coalition govt. to pass full manifesto, need to compromise

Question 16

What are adv and disadv of public opinion and media for law making?

Answer 16

Adv: if majority of public agrees, parliament can safely pass law
Free press can criticise govt. policy or bring issues to attention of govt.
disadv: gauging public opinion is difficult
Responding too quickly can lead to poor law e.g. Dangerous dogs act 1981
Media can manipulate news to make “morale panics”

Question 17

What are adv and disadv of pressure groups.

Answer 17

Adv: raise important issues to govt. e.g. pollutants
Wide range of memberships, expertise
Disadv: try to impose ideas on majority
Different groups May have conflicting interests e.g. League against cruel sports vs countryside alliance

Question 18

What are adv and disadv of lobbyists

Answer 18

Adv: lobbyists represent and present interests directly to mp
Anyone can lobby their mp
May trigger debate
Disadv: professional lobbyists expensive so represent groups who can afford, not public
“Cash for questions” David Cameron - corruption

Question 19

Adv and disadv of law commision?

Answer 19

Adv: legal experts, consultation
Whole areas of reform
More than 2/3 proposals succesful
Disadv: some reforms never implemented bc of lack of political will
Lack of parliamentary time to discusses technical law reform