Law reform

Question 1

Describe the political influence on law reforms

Answer 1

the general election = manifesto
individual MP’s -> private members
eg in December 2019 general election, conservative party’s manifesto included ‘to get Brexit done’

Question 2

Describe the media influence on law reforms

Answer 2

brings public opinion to governments attention, effective in gaining support for elections
eg after many reports of dangerous dog attacks, the Dangerous Dogs Act 1991 was passed

Question 3

Describe the influence of pressure groups on law reforms

Answer 3

2 types: sectional - interests of a group eg trade unions, cause - particular cause eg just stop oil
eg hunting foxes with dogs was banned by the Fox Hunting Act 2004 after pressure from the League Against Cruel Sports

Question 4

Describe the influence of public opinion on law reforms

Answer 4

biggest influence on reforms, allows public to express opinion

Question 5

Describe the influence of lobbyists on law reforms

Answer 5

they try to persuade individual politicians, specific events, takes many months or years for any action
eg Snowdrop achieved the banning of private ownership of most handguns after the Dunblane massacre in 1996

Question 6

reason for law reform: consolidation

Answer 6

5 each year by law commission, draw all existing provisions into one new larger act

Question 7

reason for law reform: codification

Answer 7

makes it easier to discover laws, would allow greater understanding of the law, solves law being piecemeal

Question 8

What does piecemeal mean?

Answer 8

bit by bit

Question 9

reason for law reform: removing out of date laws

Answer 9

too many laws, some not even relevant now, too many for judges to interpret

Question 10

reason for law reform: development of law

Answer 10

with technological changes, law must be flexible eg technology

Question 11

When and why was the law commission set up?

Answer 11

set up by Law commission Act 1965

Question 12

What does the Law Commission consist of?

Answer 12

consists of Chairperson, High Court Judge, 40 Law Commissioners (experts)

Question 13

What is the Law Commissions main purpose?

Answer 13

review areas, codify and consolidate, repeal old unnecessary laws, simplify and modernise

Question 14

How does the Law Commission reform laws?

Answer 14

1. research area needing reformed
2. publish consultation paper, seeking views from lawyers, academics, who suggest options
3. following the responses, they draw up proposals in a report, draft Bill considered by Parliament

Question 15

Codification in the Law Commission

Answer 15

original aim: make law easier to understand and consistent and easier to find
building block approach: gradual, small sections
2008: decision to take on smaller projects
2015: focus on incoherent statutes

Question 16

Consolidation in the Law Commission

Answer 16

aim: draw all existing provisions into one act, more accessable

Question 17

example of consolidation in Law Commission

Answer 17

Sentencing Act: 4 original acts into 1 act: The Sentencing Act 2020

Question 18

Repeal in the Law Commission

Answer 18

remove old, unnecessary laws, 3000 acts in total repealed

Question 19

What was the act that deals with the non-acceptance of the Law Commission reports and proposals?

Answer 19

The Law Commission Act 2009 requires the Lord Chancellor to tell Parliament every year why the government did not implement any of the previous years LC proposals

Question 20

What was the result of the Law Commission Act in 2017-18?

Answer 20

12 reports awaiting response from government, also rejected about one in six of the Law commission’s reports