Law Making - Law Reform Flashcards

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1
Q

what are the influences on Parliament?

A

public/media
private members bills
pressure groups
law commission
political power

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2
Q

how does the public/media influence parliament?

A

bring attention to specific cases/topics.
media coverage can press MPs to make changed to retain votes.

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3
Q

examples of laws as a result of public/media influences:

A

Firearms Amendments Act 1997 - passed from influence of Snowdrop Campaign (Dunblane Massacre)

Criminal Justice Act 2003 - this law included the reform of the Double Jeopardy rule after Stephen Lawrence’s killing.

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4
Q

how do private members bills influence parliament?

A

one specific area that an MP or lord is specialised or particularly keen to change can ger good backing.
becomes public bill for everyone.

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5
Q

examples of laws as a result of private members bills influence:

A

Abortion Act 1967 - created due to the PMB introduced by Sir David Steel.

Voyeurism Act 2019 - introduced by a member of the commons and 2 members of the lords; now a public bill that everyone follows.

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6
Q

how do pressure groups influence parliament?

A

sectional - campaigning for their own interest
cause - campaigning for everyone

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7
Q

examples of laws as a result of pressure group influence:

A

Hunting Act 2004 - league against cruel sports campaigned for this Act to stop fox hunting with dogs.

Animal Welfare Act 2006 - RSPCA led this legislation into being created.

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8
Q

how does the law commission influence parliament?

A

review and advise on improvements that could be made to the law.

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9
Q

examples of laws as a result of the law commission’s influence:

A

Coroners and Justice Act 2009 - brought in due to the law commission recommending the laws on homicide be updated.

Occupiers Liability Act 1984 - created using the majority of the law commission’s recommendations.

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10
Q

how does political power influence parliament?

A

parties in power will steer their voters towards a specific outcome

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11
Q

examples of laws as a result of political power’s influence:

A

Human Rights Act 1998 - Labour party brought this in in 1998.

European Union Act 2020 - this act was a result of the Conservative government holding a vote on leaving the EU and the general population voting yes.

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12
Q

how was the law commission set up?

A

Law Commission Act 1965 and amended by the Law Commission Act 2009.

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13
Q

composition of the law comission:

A

chairman (high court judge)
4 law commissioners
4 parliamentary draftsmen

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14
Q

what is the function of the law commission?

A

-research law
-publish a consultation paper
-following responses, the commission will then draw up proposals for a reform presented in a researched report.

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15
Q

how does the law commission work?

A

referral stage
research stage
report stage

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16
Q

what is the referral stage?

A

the law commission are given projects by the Lord Chancellor, or they are able to self-select a project and receive approval.

17
Q

what is the research stage?

A

research the area that needs reform/

18
Q

what is the report stage?

A

a final report of their recommendations will be given and drafted into a Bill ready to take to Parliament.

19
Q

success rate of law reform:

A

85% in first 10 years

20
Q

positive ao3 points on law reform:

A
  • law is constantly updating to suit needs of society
  • law commission are specialists
  • law is flexible around emergencies
  • media campaigns reflect the feelings of society
21
Q

negative ao3 points on law reform:

A
  • 66% success rate only
  • rule of law is not satisfied by constant development
  • law commission is advisory only, hard work can be completely ignored
  • influence of political power can corrupt democracy
  • pressure groups can ger lost from the cause in their controversial acts (JustStopOil)