Law Reform Flashcards
What is meant by law reform?
Change the law
Why do we need to reform the law?
May be outdated
May be unclear
There may be people calling for change
What 4 groups can influence law making and reform?
Political influences
The media
Pressure groups/ lobbyists
The law commission
What are Political Influences?
Before a GE, all parties publish a manifesto to get votes.
Labour party in 1997 promised increased protection of rights leading to the human rights act 1998
What is ‘Media’?
Tv, radio, newspapers etc
These bring public opinion to government’s attention
People may run campaigns to pressure the government to change the law
Example- Intense pressure after many children were killed by dogs made parliament pass the Dangerous Dogs Act 1991
What are pressure groups?
They have a particular interest and bring matters to public and G’s attention
Examples of pressure groups:
Law society, BMA (doctors), NFU (farmers) etc
Example- pressure from animal rights group (The League Against Cruel Sports) made parliament pass the Hunting Act 2004
What are lobbyists?
They lurk in the lobby of parliament to try to persuade MP’s to support their cause.
What is the law commission?
Group of legal experts who find problems with the law, conduct research into how to fix these problems and propose changes to parliament
What created the law commission?
Law commissions Act 1965
Who are the law commission?
The chair- either a high court judge or an appeal court judge appointed by the Lord Chancellor and secretary of state for justice for up to 3 years.
The other four commissioners- All experienced judges, barristers, solicitors or teachers of law, appointed by LC for up to 5 years although that might be extended.
Who are the law commission? Part 2
Chief Executive and Personnel- commissioners supported by a chief executive and about 20 members of the government legal service, two parliamentary counsel (who draft the bills to reform and consolidate the law) and a number of research assistants.
One or two non-executive board members provide support, independent challenge and expertise on issues of governance and strategic management
What is the LC’s duty and where is the legislation found?
S3 of the LC Act 1965
To review all areas of law and reform it by codifying, consolidating and repealing the law.
What does ‘codifying the law’ mean?
Bringing all law (statute and cases) on one large area of law together into one new legal code.
Give an example of how the LC have tried to codify an area of the law.
1985 brought together almost all criminal offences (non-fatals, homicide, sexual offences etc). But no government has ever implemented the full code.
What is meant by ‘consolidating’ the law?
Bringing all law (statutes and cases) together on one smaller area of law into one act.
