Law making: law reform and influences Flashcards
What happens during a general election in terms of political influence?
Political parties publish a manifesto with promises of new laws they will introduce.
How does the winning party’s influence lawmaking?
- The winning party’s manifesto influences the legislative program announced in the King’s speech at the start of the first elected term in office.
- The government, (Prime Minister and the cabinet) has major say on new ideas/bills that become law as they control the majority of MPs in parliament who can pass laws.
Can you provide an example of political influence through legislation?
The European Union Referendum Act 2015 was a result of a conservative pledge in the election campaign.
What is the role of public opinion in influencing decisions?
Public opinion has a strong influence, especially from those over 18 who can vote in general elections. It can be expressed through traditional media, new media, and may follow specific events.
How can media impact public opinion?
Media can add weight to public opinion, particularly in high-profile cases, through mechanisms like free press and increasing public awareness.
What are lobbyists/pressure groups?
Organised bodies formed to bring issues to the attention of the public and government.
What is an example of public opinion influencing legislation?
The Dangerous Dogs Act 1991, which banned certain dog breeds in response to a series of fatal dog attacks on young children, is an example of public opinion shaping legislation.
What are the two main types of lobbyists/pressure groups?
Sectional groups (representing the interests of a specific group like The Law Society) and cause groups (advocating for a particular issue like the League Against Cruel Sports).
How do lobbyists/pressure groups achieve their aims?
They achieve their aims through lobbying, direct action, media campaigns, and advertising.
Can you provide an example of the impact of a pressure group/lobby ?
A campaign led by the League Against Cruel Sports resulted in a ban on fox hunting in the Hunting Act of 2004.
Public inquiries and emergencie
- independent bodies commissioned by gov. to investigate issues of serious public concern
i.e Grenfell Inquiry -> circumstances surrounding and leading up to fire at grenfell Tower -> led to the Building Safety Act 2022 -> regulate work on high risk buildings imposing specific duties on construction and refurbishment - emergencies may influence gov to pass legislation i.e coronavirus act 2020 -‘lockdown’ limit spread of virus
law commission - who does it consist of
- a chair (high court/Appeal court judge)
- 4 other commisioners (highly experienced/educated in law)
- Lord chancellor - appoints chair and commissioners
-> duty to report Law commission works annually to parliament (Law commission Act 2009)
Law commission - What
A statutory independent body that keep all English law under review
- Propose new laws i.e automated Vehicles act 2024 -> tackles legal uncertainties about legislation & legislation keeps pace
- consolidate and codify existing laws - > sentencing act 2020 -> single comprehensive Act
- Repeal outdated/unnecessary laws -> statute of Marlborough 1267 ->statute law (repeals) report - proposed repeal of over 200 outdated acts
ENSURES LAWS UP TO DATE COMPREHENSIVE AND RESPONSIBLE
Law commission - why
simplify and improve english law
accessible
fair
modern
simple
cost effective
bring greater transparent
more efficient
How does the law commission work
- referral
- topics referred by either LC (for gov.) or
topic chosen
- topics referred by either LC (for gov.) or
- Research
- identify issue -> specialist -> other legal
systems
- identify issue -> specialist -> other legal
- Consultation
- seek views
- detail x existing law -> problem ->
solution (for + against) + invite
comments - Proposal for reform
- analyse response + dvlp thinking
- report w/ final rccmndtns + prpsls (oftn
has drft Bill attchd)
