Law reform Flashcards
Political
Elections political parties publish manifestos.
Biggest problems tend to get legislated.
Political Example
Get Brexit done
Bring rights home
Political advantages
Each party has proposals ready and published in manifesto so public knows what to expect.
Government has majority so policy proposals will pass.
Proposed changes will be debated in parliament so improvements can be suggested and included.
Political disadvantages
Government may not be able to succeed with manifesto if crisis.
New party may repel or alter laws from previous party.
If government has small majority it is difficult to change law or manifesto commitments.
Why is the new party repelling or altering laws from previous parties a problem?
costly or lead to piecemeal.
Media
All means of supplying information.
Bring pubic opinion to government attention.
Media can represent and influence public opinion.
Media examples of campaigns
Snowdrop campaign
Dangerous dogs act
Media advantages
Raise awareness of public concern for an issue.
Raise concern about individual concerns.
Media inform and raise public awareness.
Raise awareness of public concern for an issue example
Damage to enviroment
Media disadvantages
Newspapers can be bias and promote inaccurate views.
Newspapers can sensationalise issues to expand readership.
No regulation on expression of views on social media.
Pressure groups
Groups set up to campaign on special interest or cause.
Sectional
Represents interests of workers or professions.
Sectional example
Trade union
Cause
Particular cause
Cause example
Green peace
Pressure groups advantages
Experts effectively argue cause.
Wide range of issues drawn to attention of government.
Media inform and raise awareness
Pressure groups disadvantages
Pressure groups may impose ideas even if no public support.
Pressure groups may have conflicting interests and campaign opposing actions.
Lobbying
Aimed at all MP’s by members of pressure groups.
How can lobbying take place?
Individual messages, writing messages, producing surveys
Lobbying advantages
Action may be taken by government laws introduced and inquires set up.
Greater expertise and influence so more successful.
Lobbying disadvantages
Government ministers too many requests.
May be unsuccessful and delayed response.
Public inquiries
Set up by government to inquire into issue of major concern.
Public inquiries method
Chairperson hear witnesses and evidence.
Make decision and issue a report.
Report will state what happened and recommend reforms.
Public inquiries advantages
Allows public disaster to be investigated by experts.
Good for open democratic society.
Open to public so bad practises exposed.
Public inquiries disadvantages
Costly and time consuming.
Has no real power apart from shaming those responsible.
Gov can ignore report if want.
What is the law commision?
A permenant committee.
Independent body.
Members work full time.
Who sits on the law commission?
Chairperson
High court judge
4 commissions who are experts in law
Where are the commissions chosen from?
Judiciary
Legal professors
Legal academic
Role of law commission
To identify areas of law to reform.
To codify the law.
To repel obsolete laws.
To consolidate law.
To modernise law
Whats codifying the law?
Bring all law about in one statute.
Whats consolidating the law?
Draw acts together to make laws clearer and shorter.
Examples of law commission reforms
Coroners and justice act 2009
Corporate Manslaughter and Corporate Homicide act 2007
Law commission reforms yet to be implemented
NFO reforms
A criminal code
Law reform advantages
Permenant independent body
Produce draft bill
Research and consulation
Permenant independent body
No political motive
Investigate wide range of issues
Work efficiently together
Produce draft bill
Keep law updated and accessible.
Save parliamentary time.
Take account of all issues.
Research and consultation
Lead to less mistakes.
Take on variety of opinions.
Law reform disadvantages
Limited success
Wide role
Only 5 members
Government often ignore
Limited success
Government dont consult LC.
No power to force reforms.
Wide role
Takes up time so can’t concentrate on most important issues.
Makes process slow.
Reports published and out of date.
Only 5 members
Dont reflect wide view of legal experts in UK
Government often ignore examples
CJA 2009
NFO Reform
In 1990 how much success did the law commission have?
0% success
