Law Reform

Question 1

What is law reform?

Answer 1

When law changes

Question 2

4 reasons why law might need to change

Answer 2

1. Out of date
2. Political changes
3. Economic changes
4. Disasters

Question 3

Why must law be flexible?

Answer 3

Improvements can be made.

Question 4

5 examples of changing belief

Answer 4

• Children’s rights
• Smoking bans
  -Same sex marriage
• Homosexuality
• Discrimination

Question 5

Where can pressure come form and why?

Answer 5

individuals
- Can have an impact on parliament if they cause enough publicity and pressure.

Question 6

Who makes changes happen?

Answer 6

1. Reform by case law
2. Reform by statute
3. Law reform agencies

Question 7

3 limits to case law as a law reformer

Answer 7

• No systematic procedure. Only where a case before the court raises the issue may the court consider it.
• Judges can only decide case on the basis of information submitted by counsel.
• judges often bound by doctrine of precedent

Question 8

Why can parliament pass new acts?

Answer 8

• Many old and outdated statutes that have no relevance
• To tidy up the law, making it manageable + accessible

Question 9

Statutes

Answer 9

• Obsolete laws
• Creating new laws to meet new needs
• Consolidating a no. of statutes into 1 more accessible act.

Question 10

What is consolidation/ codification?

Answer 10

• Gathers acts + case law together in 1 act.
  E.g. consolidation Act is the Powers of Criminal Courts
  (Sentencing) Act 2000, which consolidated 12 separate Acts into a
  single Act

Question 11

Why do public inquires play a role?

Answer 11

• ensure PI. were more effective at finding facts
• Making practical recommendations
• restore public confidence following concerns and controversies.

Question 12

How is the law commission set up?

Answer 12

Are a independent body set up by parliament in 1965

Question 13

What do law commission do?

Answer 13

Keep the law of England and Wales under review + to recommend reform when needed

Question 14

What is law commission job?

Answer 14

Carry out research and consultation

Question 15

3 examples of legislation following Law Commission
reports

Answer 15

• Unfair Contract Terms Act 1977 = restricting the ability to limit or exclude liability
  in consumer contracts.
• Family Law Reform Act 1987 = removing the legal disadvantages attached to
  illegitimacy.
• Children Act 1989 = rewriting the whole of the law on children.