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Law Making - Law Reform Flashcards

1
Q

Influences on Law Making

A

lead to Parliament deciding what new laws to bring in

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2
Q

List of Influences on Law Making

A

-Political (government policy)
-Public opinions & media
-Pressure groups and lobbyists
-Public inquiries & emergency situations
-Law Commission

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3
Q

Political (Government policy)

A

-Each political party will have their own policies written out in a ‘party manifesto’ to persuade people to vote for them in General Elections
-When elected, proposals made in party manifesto will influence the law they produce in Parliament
-Government has a major say on new ideas that become law as they have the majority of MPs in P to pass laws
-At start of new parliamentary session, gov announces in the King’s speech the particular laws it intends to introduce

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4
Q

Example of Political Influence

A

European Union Referendum Act 2015 - result of conservative party pledge in their election campaign

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5
Q

Public Opinion & the Media

A

-strong public opinion can bring about change in the law
-expressed via the media
-Free press helps with public awareness
-Government are keen to be seen responding to the electorate

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6
Q

Example of Influence of Public opinion and media

A

The Voyeurism Act 2019 - made upskirting a specific offence as a result of a high profile in the case which caused pubic outrage

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7
Q

Pressure Groups & Lobbyists

A

-organisations formed to bring about their issue to the attention of the public and the government
-lobbying MPs
-direct action
-petitions
-media & advertising
-sectional: exist to further the interest of a particular group of people
-cause: exists to further a particular cause/ideal

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8
Q

Example of sectional pressure groups

A

British Medical Association

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9
Q

Example of cause pressure groups

A

League Against Cruel Sports

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10
Q

Example of Pressure Groups

A

Snowdrop Campaign - 750,000 signature petition to ban private ownership of handguns. Campaign set upfollowing the Dunblane Massavre 1997. Government conceded to public opinion and banned handguns.

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11
Q

Public Inquiries

A

Independent panels commissioned by the government to investigate issues of serious public cocern - scrutinising past decisions and events

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12
Q

Example of Public Inquiries

A

Cullen Inquiry Investigating the Dunblane School shooting resulted in the Firearms (Amendment) Act 1997 that banned handguns in UK

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13
Q

Emergency Situations

A

Emergencies also influence Parliament to act by passing legislation

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14
Q

Example of an Emergency Situation

A

Coronavirus Act 2020, Government to impose national ‘lockdown’, prevents further spread

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15
Q

Law Commission Role

A

Law Commissions Act 1965 - role is to systematically keep all English Law under review & recommend reform where it is needed
-Independent body

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16
Q

Law Commision Aims

A

To ensure that law is fair, modern, simple and cost effective

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17
Q

Law Commission Structure

A

Full-time, consists of Chair who is a senior Judge & four other Commissioners who are experienced judges, barristers, solicitors and academics.
Appointed by Lord Chancellor and Secretary of State for Justice for up to 5 years.
Supported by a Cheif Executive, members of the Government Legal Service, two Parliamentary Counsel and a number of research assistants.

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18
Q

How does Law Commision work?

A

Referral - topics referred by Lord Chancellor on behalf of the government or the Law Commission itself select areas in need of reform.
Research - Law Commission researches the area of law to identify its problems.
Consultation - consultsation paper is publshed seeking views on possible ideas for reform.
Proposals for reform - following consultation, a report is presented giving its final recommendations and proposals for reform. There will often be a draft bill attached to the report.

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19
Q

Consolidation

A

bringing the law together that is contained in several ACts of Parliament into one Act.

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20
Q

Example of Consolidation

A

The Family Law Act 1996

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21
Q

Repeal

A

repeal an Act of Parliament means that it ceases to become the law

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22
Q

Example of Repeal

A

The Statute of Malborough 1267 passed during the reign of Henry III

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23
Q

Codification

A

bringing together all the law on one topic into complete code of law to make the law easier to find

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24
Q

Example of Codification

A

The failed 1985 Draft Criminal Code

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25
Recent Successes of the Law Commission include
- Divorce, Dissolution and Separation Act 2020, which reformed the law on divorce and dissolution of civil partnrships to remove the concept of fault and reduce conflict between separating couples - Consumer Rights Act 2015, which gives consumers the legal right to reject faulty goods and the right to refund if they act within a reasonable time - Coroners and Justice Act 2009, which abolished the defence to murder of provocation and replaced it with the defence of loss of control
26
Advantages of the leislative process
-Democratic -Consulation -Detailed Debate -Full Reform -Law making power can be delegated together bodies
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Legislative process order
-pre-legislative process -bill is drafted -first reading -second reading -committee stage -third reading -same procedures in other house -royal assent
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Pre-legislative process
Green paper and White paper
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Green Paper
An initial consultation document to gain views about proposed new law and inviting suggestions from a variety of interested parties. Amendments may be made in light of feedback.
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White Paper
A document which sets out the government's preferred approach to a future piece of legislation. Limited opportunity for comment - information.
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Bills
-Public Bills -Private Members' Bills -Private Bills
32
Public Bills
Involve matters of public policy affecting the whole country or a large section of it. (most gov bills)
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Private Members' Bills
Opportunity to individual MPs who are not part of government to introduce a bill.
34
Private Bills
Designed to create a law which will affect only individual people or corporations. These do not affect the whole community.Exa
35
Example of Public Bill
Criminal Justice and Courts Act 2015E
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Example of Private Members' Bill
Abortion Act 1967
37
Example of Private Bill
University College London Act 1996 passed in order to combine a number of medical schools with University College
38
First Reading
Formality in which the short title and main aims of the Bill are announced and an order for the Bill to be printed. No debate at this stage.
39
Second Reading
-Main debate on the whole Bill takes place conducted via the Speaker. -Minister, MP or Lord describes the aims of the Bill and fields questions. - Usually focus on the main principles behind the Bill, rather than specific detail. - At the end, a vote is taken. Must be majority in favour for the Bill for it to progress any further.
40
Committee Stage
-Detailed examination of the bill by a committee of between 15-60 MPs. -Usually done by a Standing Committee. -Membership of committees if roughly in proportion to the number of seats each party has in the Commons. -Entitled to make any amendments necessary for the Bill to reflect the intention discussed in the second reading.
41
Report Stage
-After scrutiny, they will 'report' back any amendments to the House for debate. -At the end of debate there will be a vote on whether to accept these amendments., -If no amendments, Bill will go straight to next stage.
42
Third Reading
-Gives House a final chance to look at the Bill again as a whole. -Decide whether they want it to go further. -Almost a formality since a Bill has passed through all previous stages is unlikely to fail at a late stage.
43
Repeat Processes in other House
-Goes through the same 5 stages. -If either house make amendments to the Bill, it will go back to other House it started from for them to consider those amendments. -'Ping Pong' will continue until all proposed changes have been agreed by both Houses.
44
Royal Assent
-Final Stage. -Monarch formally gives approval to the Bill -Then becomes an Act of Parliament and part of the law of the land. -Very much a formality.
45
Advantages of Delegated Legislation
-Saves Parliamentary Time -Access to technical expertise -Can apply to local areas -Numerous controls from Parliament and the Courts
46
Disadvantages of Delegated Legislation
-Undemocratic -Complex -Great volume of new laws -Controls aren't always effective
47
Saves Parliamentary time (A): POINT
By allowing other bodies to make law, who often don't have the lengthy process of Parliament, this saves Parliament time. They can focus on major problems.
48
Saves Parliamentary time (A): EVIDENCE
The Health and Safety at Work Act 1974 -enabled the Minister of Work and Pensions to make regulations relating to health and safety in all types of workplaces -e.g. Mining Regulations 2014
49
Saves Parliamentary time (A): COUNTERPOINT
It is Undemocratic -allowing non-elected people to make law
50
Access to Technical Expertise (A): POINT
Statutory Instruments allows specific government departments and ministers to make rules for their area of speciality.
51
Access to Technical Expertise (A): EVIDENCE
PACE 1984 -allows the minister of justice to set the police codes of Practice using his understanding of the criminal justice system. -these rules are complex and require specialist knowledge to undersand, which these ministers and departments would have
52
Access to Technical Expertise (A): COUNTERPOINT
Great volume of New Laws -It is impossible for the average person to know and understand the laws being made, potentially being unaware of what is legal and illegal
53
Local Councils can make Law (A): POINT
enabling local councils to make by-laws, they can assess the particular needs of the locality and respond by making laws to deal with specific issues
54
Local Councils can make Law (A): EVIDENCE
-there may be a problem with excessive drinking and crime in certain areas of a town -a local council can pass a by-law making that area an alcohol free zone.
55
Local Councils can make Law (A): COUNTERPOINT
Complex -it can be long and complicated, often requires judges to interpret the wording to fully understand them
56
There are numerous controls from Parliament and the Courts (A): POINT
Ensures that DL works in the way that Parliament intended -the scrutiny committee check statutory instruments for Parliament, and courts can declare DL ultra vires in some situations.
57
There are numerous controls from Parliament and the Courts (A): EVIDENCE
when the correct procedure was not applied in ATB v Aylesbury Mushrooms, the courts declared DL as void
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There are numerous controls from Parliament and the Courts (A): COUNTERPOINT
The controls aren't always effective -there may be quite a lot of DL being made that is not resloved properly, problematic
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Undemocratic (D): POINT
Statutory Instruments are normally made by unelected civil servants who help the minster, it allows non-elelected people to make laws
60
Undemocratic (D): EVIDENCE
SI in 2012 passed by Minister of Justice, restricting the right of immigrants to get legal aid -SI challenged in court, ultra vires and may not be representative of public opinion -important laws may not represent what the public wants
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Undemocratic (D): COUNTERPOINT
It saves Parliamentary time -allows P to concentrate on major issues and broader policies
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Can be complex (D): POINT
DL can be long and complicated and often requires judges to interpret the wording to fully understand them. Hard for public to undertand DL.
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Can be complex (D): EVIDENCE
R V Swindon NHS Trust -involved technical rules and specific drugs -court had to decide what was 'exceptional' in relation to medical needs
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Can be complex (D): COUNTERPOINT
SI ministers and departments will have the expertise to make and understand these 'complex' laws
65
Great Volume of new laws (D): POINT
Over 3000 SIs and several thousand by-laws are made each year, often with little publicity. It is impossible for the average person to be aware of all these laws.
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Great Volume of new laws (D): EVIDENCE
British Airports Authority passed a by-law stopping passengers from taking tennis racquets on the plane. Passenger was fined for doing this even though he was unaware he was doing something wrong.
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Great Volume of new laws (D): COUNTERPOINT
it means that local councils can make laws to deal with their specific issues
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Controls aren't always effective (D): POINT
the scrutiny committee can only refer problems to Parliament and hope they decide to take action, and very few judicial reviews are actually successful. there may be quite a lot of bad deleagated legislation being made that is not resolved properly, which is problematic
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Controls aren't always effective (D): EVIDENCE
In 2018, nearly 3,600 reviews were requested, but only 184 cases went ahead and the Government lost 40% of these
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Controls aren't always effective (D): COUNTERPOINT
Some of the controls are helpful -courts can declare ultra vires in some situations

Law (10 decks)

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