influences on parliament Flashcards
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What is the law commission?
- independent, permanent, full-time body.
created in 1965 5 commissioners to 1 chairman.
5 commissioners has team working for them.
makes law of the land function better.
what is the function of codification and its examples.
codification allows all rules being together in one statute/ an Act of parliament.
e.g. The Draft Criminal Code 1989 and Murder and Homicide 2006.
Due to several influences, brings them all together leading to the coroners and justice act 2009.
What is the function of repeal and its examples?
Old laws are removed from statute book.
law commission- find info out independently or ask parliament to perform research or academics raise issues.
e.g. Criminal Attempt Act 1981.
what is the function of consolidation and its examples.
Problems with new statute may appear overtime and new legislation may be passed to amend it, brings successful statues together on the same subject.
faster as it does not require changes
e.g. Education Act 1996
what is creation and what are its examples?
new laws are created in response to public demand or pressure of other groups.
leads to modernization
advantages of the law commission and the parliamentary law reform?
M- makes good laws
I- independent
S- self-investigation
E- expertise
R- research
disadvantages of the law commission and the parliamentary law reform?
C- consultation- no
O- obligation- no
L- long and lengthy
L- lack of thoroughness
I- implementation- no
What is a pressure group?
a group that tries to influence public policy in the interest of a particular cause.
size is not important (1’s-1000’s)
variety of methods (petitions to violence)
media= effective (coverage and support is influential)
what are the types of pressure groups and the examples?
Sectional- represents a section of society
e.g. law society, British medical association, national union of teachers.
Cause- enforced through a problem
e.g. greenspace, sarah’s law (successful cause group) access to pedophilias within the area.
advantages of a pressure group?
H- huge membership
E- Expertise
I- Increases parliamentary awareness.
R- Raises public awareness.
disadvantages of a pressure group?
P- passionate held views
O- one sided
O- opinion of small section
L- little contact with parliament
what is political influence on the influence on parliament and its examples?
include examples
general election- political party publish their reforms they would carry out- called a manifesto.
this is done through a private membership bill.
what does the European corporation of humans rights (ECHR) and how it influences parliament?
include examples
Goodwin v UK (2002)
This case illustrated the inequalities in the law
of transsexual rights led to the Gender Recognition Act 2004.
European Union and its influence on parliament?
include examples
Before leaving the EU, government had to bring into effect any news influence laws passed by EU
e.g. Sex Discrimination Act of 1975 and 1986.
Law commission and its influence on parliament?
include examples
Created in 1965
Considers law reform body
full time body
coroners justice act 2009
consumer rights act 2009
What is media and its influences on parliament?
Include Examples
Media- The way information is supplied to the public
Examples of media influencing law.
Criticise government policies.
1996 Dunblane Massacre- Banned private ownership of most hand guns.
Anti-terrorism, crime and security Act 2002- Enforced after the 9/11 incident.
Sarah’s Law- Access to paedophiles within area.
What is judiciary and its influences on parliament?
Include Case Study
Parlimanet can use precendent
this is case law that can bring about some reform through the development of judicial precedent.
Examples- Case Study R v R (1991)
Made non-sexual sex in marriage classified as rape.
3 elements the judiciary can apply.
Statutory Interpretation
The HRA act 1998
Creativity
How is Statutory Interpretation used through the judiciary?
Include Examples
Statutory Interpretation- Judges can change or apply law in ways not envisaged with parliament.
E.g. Royal College of Nursing v DHSS
House of lords- commended lawful for nurses to give out abortion bills decide in the Abortion Act 1967 only for ‘registered medical practitioners’
What is The Human Rights Act 1998 and its influence on parliament through the judiciary?
If an Act does not comply HRA, High Court judges can declare that the Act of parliament is incompatible with the HRA.
How is Creativity used through the judiciary?
include examples
Develop law through Creativity
Examples=
Tort of negligence (Donoghue V Stevenson)
Martial Rape ( R v R )
