Law reform Flashcards
Political influence 8m
The governing party is the the party with the majority of seats in the HOC (current governing party is Labour)
Backbench MP’s are given the opportunity to introduce bills (private members, Abortion Act 1967)
General elections, parties publish list of their policies if in charge (manifesto)
Dec 2019 conservative party manifesto, get Brexit done, had to introduce laws after they won
Mainly the gov, often biased towards own party ideals
Opening of parliament - announce plans of laws to be introduced
Parliamentary sovereignty
Political influence 12m
Adv, increased representation, different parties all take part, more informed decision as diff opinions are heard
Adv, have to take accountability, want to be elected again= must fulfil manifesto, public’s best interest
Adv, even is proposals don’t succeed they may influence other bills, Stalking bill 1996 influences protection from harassment 1997
Adv, a flexible influence, react quickly to changes/adapt to meet new public wants (especially in emergency), however the actual process is slow
Disadv, mainly the goverment, often biased towards own party, however increased representation
Disadv, too powerful, can push any law through parliament, other influences feel unheard (upset public)
Disadv, pass laws too quick, in emergency rush the process, public criticism not thorough
Public opinion/Media 8m
Media - any communication channels such as Tv, radio, newspapers, the internet
Media can represent and influence public opinion
Public can make their views known by contacting media sources or posting online
Gov regularly monitors social media to judge public opinion
Gov uses focus groups (group interviews) to gauge public opinion on an issue
Public opinion is important as being popular influences chances of being voted for
Make unpopular decisions = won’t be in charge
Parliament’s job is to make laws the public wants - forced marriage civil protection act 2007
Pressure groups may use media to get their voice heard
Public opinion/Media 12m
Adv, wide audience, increased public awareness and engagement in process, more democratic as public can give opinion (influence)
Adv, help bring pressure groups to gov attention, access to politicians and pressure gov to make changes, Dailymail
supporting snowdrop campaign lead to tighter gun control laws
Disadv, exaggerate issues and cause painc, sensationalise news for profit, exaggerated stories of the drafting of the dangerous dogs act
Disadv, biased, media is run by powerful individuals with own agendas, gives disproportionate view (manipulate idea of public opinion)
Pressure groups 8m
Groups of people that campaign due to special interest in a subject/cause
Aim - put pressure on government/parliament to either make law or stop making a law or reform a current law
Bring their interest to public and gov attention
Sectional pressure group = represent group interests, trade unions or law society
Cause pressure groups = represent a problem or cause, animal welfare (amnesty) or environmental groups (green peace)
Firearm act 1997
They sometimes campaign against proposed laws
Pressure groups 12m
Adv, large pressure groups raise awareness to the public, allows the government to see public interest and make laws on this
Adv, specialist pressure groups help inform gov, gov may not have been aware of an issue/had the knowledge to do something, law that wouldn’t have been made can be
Disadv, pressure group may be controversial, juststop oil has controversial methods of promotion that make it unpopular, laws that need to be made aren’t as the group in unpopular
Disadv, small pressure groups may struggle to raise awareness, often need help to attract gov attention as they aren’t noticed, however use of lobbyists can stop this
Disadv, pressure groups’ views may clash so only one can be successful, league against cruel sports and countryside alliance disagreed on legally banning hunting
Lobbyists 8m
Travelling to the houses of parliament to ‘lobby’ MP’s
Can be professionals, pressure groups or individuals
Professional may work for charities, businesses
Try to persuade specific gov ministers/MPs to support a cause
Meetings, write messages, produce petitions
Must be paid - not everyone can afford one
Success = person they lobby makes a bill (private members)
Dunblane massacre, pressure group lobbied, firearms amendment act 1997
Digital economy act
Lobbyists 12m
Adv, leads to government action, could lead to discussion being introduced in HOC, success in achieving a goal and making a law
Adv, help pressure groups be more successful, the combination of expertise and specialist knowledge, gov more likely to listen and discuss
Disadv, gov may not have time, ministers have many requests from lobbyists, may be unsuccessful as the minister is unable/not willing to listen
Disadv, takes a long time, getting a meeting and convincing a minister to take this to parliament is time consuming, delays mean laws take longer and an error continues for longer
Disadv, require payment, not easily accessible for some members of the public
Disadv, accused of backhanding/ bribing MP’s
Law commission 8m
An independent, non-elected body that aims to reform laws
Set up in the Law Commissions act 1945
s.3 set out their aims - codify law (bring all laws into 1), consolidate (bring acts into 1, powers of the criminal courts sentencing act 2000), repeal (remove, Coroners and justice act 2009)
Appointed by Lord Chancellor and secretary of state
5 commissioners (legal training) supported by counsels, chief executive and 20 member of gov
They research an area of law to be reformed and submit a report and may include a draft bill
Law commission 12m
Adv, staff are legal experts with extensive knowledge, can approach law objectively without bias of political interest, ensures good quality and practical statute
Adv, use of public consultation, drafted reforms take views of those affected by law into consideration, allows public to chare voice (democracy)
Disadv, limited impact as recommendations aren’t binding, ultimately up to gov to decide whether to implement, coroners and justice act no reforms on voluntary manslaughter
Disadv, slow process, extensive research required, however ensures the reform doesn’t contain errors and more likely to be implemented
