law reform Flashcards
influnces on law reform
law is refrmed ti improve and abonden any imperfection or errors, due to beomg outdated or poorly phrased
law reformed by lc , lc act 1965 established lc as full time reform body
main i flunce gov policy; gov manifesto and leg programme. ov manfesto consosts of promises elected psrty make to public if they are elected eg conseravtive and brexit
leg progarmme conists of law that gov wants to introduce to parliament
pressure groups; group of people who have speacial intrrest in a subject or cause campagin , do this by bringing attention to the public yhrough proyests and boycotts.
lobbying is used where they put pressure on a mp to speak up about a topic
eg sectional pressure group are british med association represnt british drs, support negotations for drs, banned smoking in public
cause pressure group; green peace who advocate for for a safe untoxic envirmonet they investiagte and expose causes of envirmental damage, banned hunting act 2004
public opinion; public campaign to introduce new lawsto protect people after incidents, brings togtehrr society and brings attention to campagins, thrumedia, tv,radio to express public concern
eg dangrous dogs act 1991 introduced aftwr 11 victims of dogs acttacks in one year specifacallya death of a young boy brought about an ofennce for dogs to be dangeoulsy out of control in piblic.
private member bills; 86o peers hol / 650 mps exmaine and vote on legislation, indv mps may bring introdice private member bills, may adopt campaignd started by others or have strong beliefs themselves they want to promote
case; abortion act 1960 introdced by back bench mp david steel
judical decsions; judges should remian neutral but decisons impact general public, have to decide outcome of cases even if no law exists eg dpp v smith
role of law comisson
to keep all engish lae under review in mind to its systematic development
lc conists of a high cpurt judge, a chairsperson and 4 other law comiisons who are expeerts in certain areas of law supported by team of researchers
full time body set up by law comission ac 1965 s3 states,
lc must review ,recieve and considfer law reforms prpolsals and consult releavt partys, put forward propals and rappeal law.
reappeal; to remove and revoke an old unnessacry law
eg adoption act 1958, 3000 old laws reapplead
consolidation;various statutory prvisons eg acts and instruments are brought together , have to be on the same topic and cannot be changed
eg; crim justice and courts service act 2000
codification; gather and recreate all the law on a topic into one big act (code), involves recreating it and making new law
eg stentencing act 2020
ideas to reform are suggested to lord chancellor member of gov or lc choses
after researching currenrt law lc produces consulation papers, sets out opinions for reforms and uses expert feedback
publishes recomndeation in final report often attached with draft bill delievrs to gov
gov may introduce bill where proposed reforms are debated and voted before becoming law
eg occupiers liabilty act 1984
lc act 2009 requires lord chacllor to teport to parl every year on govs progress in introducing reform bills to gov
