Law Reform Flashcards
Who are the Law Commission?
A full time independent body set up by the Law Commissions Act 1965 and 2009
There are four full time members of the Commission assisted by research staff and Parliamentary draftsmen, in addition to a Chair who is a High Court Judge
What do the Law Commission do?
Found under the Law Commissions Act S3 To 'keep all law under review' Codification Consolidation Repeal of an Act of Parliament Reform
Why do we need Law Reform?
To try and keep the law in an accessible and manageable state, to adopt the changing needs of society, and simpler laws save legal fees as it is clearer how the law applies
Role of the Law Commission
Codification
Bringing together all the law on one topic into one complete code of law
e.g. planned to codify all criminal law in 1965 but have since abandoned this in favour of the ‘building block’ approach
Role of the Law Commission
Consolidation
Combining the law from several Acts of Parliament into one Act of Parliament
This can be difficult because as soon as one Act is consolidated it becomes fragmented by new Acts of Parliament
Role of the Law Commission
Repeal of an Act of Parliament
To remove out of date statutes
Only Parliament can repeal an Act of Parliament
Role of the Law Commission
Reform
The Law Commission considers areas of law which are believed to be in need of reform
Implementation of the Law Commission’s Proposals for Reform
The Law Commission draft bills for government to consider whether to put before parliament.
Not all bills will become law, mainly due to constraints on parliaments time and disinterest in law reform
If this isn’t done then there is an argument that the Law Commission isn’t very efficient
What are 2 additional law reform bodies?
Royal Commissions (temporary committees to investigate on one specific are of law. They take evidence from experts however, they can only make recommendations and these are not always implemented) Reviews by Judges (involve a Judge leading an investigation into a specific area of law or the specific system. Judges bring the experience of working in the legal system however, being on reviews takes them away from their work as a Judge which is problematic given the pressure on the courts)
Advantages of the Law Commission
Law is researched by experts
Non political
Consult before drawing up proposals
Whole areas of law are considered
Can bring the law on one topic together in an Act
Reports suggest simplifying and modernising the law
Disadvantages of the Law Commission
Government may be slow to implement the reforms
Some reforms may never be implemented (only 66% are)
Lack of Parliamentary time to discuss the proposed reforms
Parliament may make changes to the proposed reforms without the benefit of legal expertise
Who/what influences the law?
Politics
Political parties at the time of a general election publish proposals in a manifesto
If the win the election they will propose new laws (bills) that will put into effect their proposals
Government policy (leads to all the proposed legislation in the Queen’s speech)
Private Members Bills e.g. Abortion Act 1967
Which groups influence the law?
Lobbyists
Pressure Groups
Public Opinion and the Media
Lobbyists
Anyone may try to persuade an individual MPs to support their cause e.g. asking a question in Parliament or promoting a Bill
Professional lobbyists also work on behalf of businesses, charities and trade associations
Obligations under European and International Treaties
Pressure Groups
Sometimes consulted during the law making process but some are not, usually due to ‘unconventional protests’
They can be ‘sectional’ groups to represent the interests of one particular section of society by campaigning for that group, or ‘cause’ groups to promote a particular change in law
Public Opinion and the Media
Media campaigns led by public opinion have led to changes in the law
Individuals can petition on the Parliament website. There is a petitions committee that then puts forward issues for Parliament to debate
Petitions have to have 100 000 signatures to be put forward for debate but not all will be debated e.g. if there has already been a recent debate on the topic
Advantages of political influences
Each political party has its proposals for reform ready so that, if they are elected as the government, they and the electorate know what they wish to do
Also, the fact that the Government has a majority in the House of Commons means that virtually every law it proposes will be passed. In this way the government is reflecting the majority of the electorate
Advantages of public opinion
Will sometimes be affected by specific events which may play a major part in formulating the law
The UK has a free press. Members of the press are able to criticise government policy or bring any other issue to the attention of the government
Comments on social media can be made as soon as an issue has come to light. This allows the government to consider a law while it is fresh in the public consciousness
Advantages of pressure groups
Some have large memberships that can exceed those of political parties and can raise an issue of concern to a large number of people
Can often raise important issues e.g. environmental groups
Advantages of lobbyists
Bring issues to the attention of MPs which may lead to a debate in Parliament, publicity for the issue and even to a change in the law
Professional lobbyists, particularly those used in pressure groups, are good at presenting the issues in the best way and making a case for the issue.
A system that can be used by anyone (individuals and large organisations)
There are procedures to allow individuals to have access to their MP for the purpose of lobbying both at Parliament and at local constituency level
Disadvantages of political influences
If a different party is elected at the next general election, they may decide to repeal or alter some of the laws that the previous government passed because their policies are likely to be quite different form the previous government. Changes in the law this way can be costly and open to criticism
Where the Government has a very small majority it may be restricted in what laws it can propose. In particular, when there is a coalition government (where two parties have to combine in order to have the majority of MPs in the House of Commons) then there will have to be a compromise on what policies are followed
Disadvantages of public opinion
Government may respond too quickly to high-profile incidents. This can lead to law being created too quickly and not thought through, so that the law is poorly drafted
It can be argued that the media can manipulate the news and create public opinion
Disadvantages of pressure groups
Can be argued that they are seeking to impose their ideas, even where the majority of the public do not support their views
Sometimes two pressure groups have conflicting interests and want opposing things
Disadvantages of lobbyists
Using professional lobbyists can lead to an abuse of the process e.g. when MPs were paid to ask questions. This means that financially successful businesses or other organisations have more influence than ordinary members of the public
