Law Reform

Question 1

Where do ideas for new laws come from?

Answer 1

1. Government policy
2. Obligations under European and International treaties
3. Public opinion
4. Pressure groups
5. Private Members’ Bills
6. Judicial Decisions
7. Law reform bodies (The Law Commission)

Question 2

Goverment Policy

Answer 2

As listed in the manifesto of the winning party. Gov sets out their agenda for law reform in each session of Parliament (mostly politically motivated areas)

Question 3

Obligations under European and International Treaties

Answer 3

Such as the Consumer Rights Act 2015 which was enacted to implement various EU directives about consumer goods and unfair terms in consumer contracts (EU directives = legislative Act that sets out a goal that EU countries must achieve)

Question 4

Public Opinion

Answer 4

Often expressed in the media where the subject has a particularly high profile. e.g. Sarah’s law (child sexual offence), Snowdrop Campaign (Dunblane massacre in March 1996 which led to the gov passing the Firearm (Amendment) Act in 1997)

Question 5

Pressure Groups

Answer 5

The Law Commission will recieve views from pressure groups during the consultation process. The Hunting Act 2004 was campaigned for by the League Against Cruel Sports

Question 6

Private Members’ Bills

Answer 6

MPs can respond to their constituents’ concerns by introducing a PMB. e.g. David Steel’s Abortion Act 1967

Question 7

Judicial Decisions

Answer 7

Gaps in the law highlighted by the HoL in BRB v Herrington led to the passing of the OLA 1984 giving some limited protection to people injured while trespassing

Question 8

The Law Commission: when and who?

Answer 8

Set up by the Law Comission Act 1965.
Consists of a chairman (High Court Judge),
Four other law commissioners (highly qualified lawyers) and support staff

Question 9

The Law Commission: what do they do?

Answer 9

-Systematically keep all English law under review
-Receive and consider proposals for law reform and consult relevant parties
-Put forward proposals for reform
-Repeal, consolidate and codify

Question 10

The Law Commission: repeal

Answer 10

This means that the Act ceases to be law e.g. Abandonment of Animals Act 1960

Question 11

The Law Commission: consolidation

Answer 11

This means combining the law from several Acts of Parliament into one Act of Parliament e.g. Powers of Criminal Courts (Sentencing) Act 2000

Question 12

The Law Commission: codification

Answer 12

This means bringing together all the law (Acts, Judge’s decisions etc) on one topic into one complete code of law e.g. Marine Insurance Act 1906

Question 13

The Law Commission: how?

Answer 13

Referral: topics may be referred by the Lord Chancellor on behalf of the Government, or it may itself select areas in need of reform
Research: LC researches the area of law in need of reform and publishes a consultation paper seeking views on possible reform
Consultation: a consultation paper will describe the current law, set out the problems and look at options for reform

Question 14

The Law Commission: advantages

Answer 14

Research by legal experts
Non-political
Consult relevant pressure groups
Whole areas of law considered rather than just small issues

Question 15

The Law Commission: disadvantages

Answer 15

Failure of Parl to implement reforms
Lack of Parl time
Gov may not follow all of the Law Commission’s recomendations
Changes to the wording of the bill
Gov don’t have to consult the Law Commission on changes to the law