law making- law reform

Question 1

explain judicial change and give an example

Answer 1

1) A new precedent set
examples: R v R 1991
HOL case overturned the common-law rule of the marital rape exception.
-Husband convicted of attempted rape on his wife. husband then appealed stating that the common law is that marriage is implied as consent.
- HOL agreed to overturn the marital rape exception and uphold the husband’s conviction.

Question 2

state and explain the 4 ways in which parliament can reform the law

Answer 2

1) repeal
2) creation of new law
3) consolidation -puts all relevant laws in one statute e.g sentencing act 2020
4) codification e.g police and Criminal Evidence Acts 1984
-lists rules that are clear

Question 3

state all 4 forms of formal agencies for law reform

Answer 3

1)law commission
2)royal commission
3) the criminal law revision committee
4)public inquiries

Question 4

explain law commission(formal agencies for law reform)

Answer 4

1)set up in 1965 by the Law Commission Act 1965
the task was to:
-codify law
-remove anomalies
-repeal bad legislation
-consolidate new law
-simplify and modernize the law

Question 5

explain the Royal Commission and give an example (formal agencies for law reform)

Answer 5

1)specific areas of law reform
-independent but… up to the government to act on recommendations or not.
E.g Royal Commission on reforming HOL 2000

Question 6

explain the criminal law revision committee (formal agencies for law reform)

Answer 6

1)consider reforms to the criminal law.
2)members include DPP judges and academics
3) DPP= director of public prosecution
4)has not convicted since 1985 - now the law commission does their work

Question 7

explain public inquiries (formal agencies for law reform)

Answer 7

one-off temporary committee
examples include:
-Hillsborough football stadium disaster
- Stephen Lawrence
-conviction of Harold Shipmen

Question 8

explain the 4 problems with law reform agencies

Answer 8

1)very little power
2)no obligations on governments to follow recommendations
3)little influence over how proposals are put into practice
4)agencies tend to compromise too much.

Question 9

explain influencing parliament: private members’ bills giving examples

Answer 9

1) MPS can respond to their concerns by introducing a private members’ bill
2) the concept is that MP will win a ballot which gives them 20 min to pitch their proposal, very unlikely to be successful
e.g new upskirting law- sexual offense act 2003 /voyeurism act 2019 and abortion act 1965

Question 10

explain how influencing parliament media giving an example

Answer 10

1) may choose a parliament issue
e.g sarah law

Question 11

explain influencing parliament through e-petitions giving example

Answer 11

1)anyone can start a petition on the UK Parliament website
2)10,000 signatures get a response from HOL
3)100,000 signatures = means it will be debated in HOL e.g reform to sentencing for knife crime

Question 12

are law reform agencies successful?

Answer 12

1) yes
- helps educate people and raises awareness
-have expertise
-more democratic
2)no
-the issue of bias
-are not elected
-too little power to implement

Question 13

state and explain all influences on law reform/ influences on parliament

Answer 13

1)pressure groups: seek to exert pressure on a particular issue e.g just stop oil
2)cause groups: these are grou[s which represent a common cause e.g green peace- campaigns to change the law increasing penalties for pollution
3)other interest groups - organizations representing their members e.g. British Medical Association- campaigns to improve pay conditions for NHS doctors law society, and the National Union of Teachers.

Question 14

give 3 examples of legislation in law reform

Answer 14

1)upskirting
2)restrictions on protest
3)protection against stalking

Question 15

explain up skirting (law reform)

Answer 15

1)not illegal until 2019
2)2019–> a campaign where parliament passed legislation called the voyeurism act

Question 16

explain restrictions on protest (law reform)

Answer 16

1)called the Public Order Act 2023
2)designed to stop the disruptive protests but have been criticized for polluting and infringing on the right to peaceful assembly and free expression
key provisions include - serious disruption prevention order –> police can stop protests
-reform: conservative government and gov advocated proposed measures on suspicious stop and search and anti-lock on offenses

Question 17

explain protection against stalking (law reform)

Answer 17

why it was reformed: there was no law to protect victims of stalking, created harassment acts + police were more aware and could arrest for criminal harassment.