Law reform Flashcards
what are the influences on parliament
- political influence
- public opinion
- pressure groups
- Lobbyists
political influence
each political party had their own manifesto influence what laws are produced when elected
+ proposals are prepared
+ a government majority means that all proposals will be passed
+democratic
- constant changes to law which is costly
- don’t have to follow manifestos when elected into government
pressure groups
groups that have a shared intention to benefit a certain matte and try to gain attention of the general public and parliament.
sectional pressure groups- represent views of particular people
cause pressure groups - represent/ promote a particular cause (green peace)
+raise attention to important neglected issues
+ allows for specific knowledge as these groups are very knowledgeable on the subjects
-sometimes try and impose their ideas on the majority
- opposing pressure groups with conflicting interests
- need a lot of funding
Lobbyists
advocates for individuals on specific issues and they propose these ideas to members of parliament.
+bring awareness to important issues
+ helps strengthen the rights of minorities
+anyone can become a lobbyist
+ can provide boarder ideas on what society needs
- can be very costly
- large coorporations may have too much inlfuence
- can lead to flawed discussions
what is the purpose/aims of the law commission
- simplify law
- codify law
- eliminate anomalies
- reduce the number of separate acts on one matter
- repeal obsolete acts
who makes up the law commission
5 full time commissioners:
- the chairman (either HC or appeal court judge appointed for more than three years
- other 4 are experienced judges, barristers, solicitors or teachers of law
Appointed by the Lord Chancellor and secretary of state for justice for up to five years
how does the law commission work?
They consider areas of law in need of reform.
a topic is researched, topic either chosen by the commission or reffered by the Lord chancellor on behalf of government.
- law commission research law
- law commission issues a consultation paper (gain opinions)
- law commission issues a final report to parliament with a drafted bill.
What is set out in the consultative paper created by the law commission
- describes the current law
- set out the problems with the current law and look at possible reforms
After response they then create another document of the positive proposals for reform. There is then a report stating this and the research that lead to these conclusions, in hopes the law will be reformed in exactly this way.
what areas of law does the law commission focus on?
substantive law:
- family
- criminal
- contract
- tort
- land
Repeal (law commission)
LC find old laws that are no longer used or necessary and tell parliament who will then repeal it if they agree.
Consolidation (law commission)
where all the laws on one topic is brought togeter in one act.
Example… Offences against the person act 1861
codification (law commission)
bringing together all law on one topic into one complete code of law.
only works on smaller areas of law.
Example acts reformed by the law commission
Consumer rights act 2015 - gives consumers the right to reject faulty good and the right to a refund.
Coroner and justice act - replaced provocation as a defense to murder with loss of control
Advantages of the law commission
+ areas of law are researched by legal professionals
+ non-political process
+ Consultation with the government before drafting final proposal bill
+ whole areas of law can be considered
+ reform can simplify and modernise the law
Disadvantage of law commission
- lack of parliamentary time to review proposals
- parliament may not actually do anything with the proposals
- the proposed bill may be altered by parliament ruining the intention
- the government doesn’t have to consult the law commission in changes to law so major changes may be made without the input of the
