Law Making - Law Reform Flashcards
what are the influences on Parliament?
public/media
private members bills
pressure groups
law commission
political power
how does the public/media influence parliament?
bring attention to specific cases/topics.
media coverage can press MPs to make changed to retain votes.
examples of laws as a result of public/media influences:
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.
how do private members bills influence parliament?
one specific area that an MP or lord is specialised or particularly keen to change can ger good backing.
becomes public bill for everyone.
examples of laws as a result of private members bills influence:
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.
how do pressure groups influence parliament?
sectional - campaigning for their own interest
cause - campaigning for everyone
examples of laws as a result of pressure group influence:
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.
how does the law commission influence parliament?
review and advise on improvements that could be made to the law.
examples of laws as a result of the law commission’s influence:
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.
how does political power influence parliament?
parties in power will steer their voters towards a specific outcome
examples of laws as a result of political power’s influence:
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.
how was the law commission set up?
Law Commission Act 1965 and amended by the Law Commission Act 2009.
composition of the law comission:
chairman (high court judge)
4 law commissioners
4 parliamentary draftsmen
what is the function of the law commission?
-research law
-publish a consultation paper
-following responses, the commission will then draw up proposals for a reform presented in a researched report.
how does the law commission work?
referral stage
research stage
report stage
what is the referral stage?
the law commission are given projects by the Lord Chancellor, or they are able to self-select a project and receive approval.
what is the research stage?
research the area that needs reform/
what is the report stage?
a final report of their recommendations will be given and drafted into a Bill ready to take to Parliament.
success rate of law reform:
85% in first 10 years
positive ao3 points on law reform:
- 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
negative ao3 points on law reform:
- 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)
