Law Reform Flashcards
(40 cards)
What is Law reform?
The process of ensuring that new laws are formed and existing laws are reformed when necessary to keep the legal system in an accessible and manageable state
Why is Law reform necessary?
To allow our legal system to maintain effective by adapting and developing alongside society.
What are the 6 main bodies that influence law reform?
-Government
-Judges
-Media and the Public
-The Law Commission
-Pressure Groups
-“others” e.g Royal Commissions
How does the Government influence law reform?
-Proposals for law reform are commonly set out in their election Manifesto and announced each year at the opening of a new session of Parliament
State some negatives on the Governments influence on law reform
- Possibly politically motivated and no truly focused on “pure law reform”
- Some statutes can often be unclear and confusing due to knee jerk reactions such as the Dangerous Dog Act 1991 with its vague terminology
- Governments tend to like to “make their mark” whist in power
State some positives on the Governments influence on law reform
- The government has the right of initiative and can be proactive, by being able to propose any law at any time which allows necessary laws to be amended which allows our legal system to remain up to date
State some Negatives on the Governments influence on law reform
-Law making may be politically motivated rather than focused on “pure law reform”
-May cause “knee-jerk” reactions that leave laws confusing e.g Dangerous Dog Act 1991 with its vague terminology
-Governments tend to like to make their mark
How can judges influence law reform ?
- Judges can sometimes decide original precedent to ensure the law is effective and up to date
-Judges can also modify the interpretation of a statue to ensure its compatibility with the ECHR required of S.3 e.g Mendoza
State some case examples where judges have made changes to the law
-The law of Tort (Donoghue v Stevenson) established the “neighbour principle” which was later reformed by Caparo (1990) to create a 3 part test
- R v R (established that a man can be guilty of rape of his wife)
State some occasions where the court deemed the law needed reform, however felt it was Parliaments responsibility
-C v DPP ( HL refused to abolish “Doli incapax” presumption despite agreeing it was out dated, however it was later abolished by the Crime and Disorder Act 1998)
- Nicklinson (SC refused to modify the law to permit doctors, on the grounds of necessity, to help a person end their life and reaffirmed it was the matter of parliament)
State some advantages to judges being able to make law reform
-Parliament cannot legislate for every scenario, judicial reforms are necessary
-Only react on a reactive basis which limits their power
State some disadvantages to judges being able to make law reform
-Judges can only deal with the specific legal issue before them
-Judicial law applies retrospectively whereas Parliamentary law is commonly prospectively which allows people to be aware of the change
-Breaches the Separation of Powers theory (fusion)
-Judges are not elected therefore arguably undemocratic
State a conclusion for judges being able to make law reform
Judicial reform does not represent an adequate method for reform alone, instead must be used alongside other methods
State some advantages to the media and public influence on law reform
-The media can be a very powerful force for good
e.g media pressure helped secure a judicial enquiry into the racially motivated killing of Stephen Lawrence
e.g Ellie’s law
Ellie was stabbed to death by her ex-boyfriend, at the time he was 17 so received a more lenient sentence than if he was 18. Ellie’s parents campaigned for 2 years and the sentencing laws were updated by the Police Crime Sentencing and Courts Act 2022
How can the Media and the Public influence law reform?
-Brings the public opinion to the government’s attention
-Government make take action on highly publicised issues
State some disadvantages to the media and public influence on law reform
-The media can sometimes manipulate or exaggerate stories for more readers
e.g Following the death of Sarah Payne by the known sex offender Roy Whiting, there was a high profile campaign by the news of the world to “Name and shame” padeophiles however angry mobs terrorised several people for mistaken identity
What are e-petitions ?
-2011 to stimulate public interest and participation in the legislative process, the government set up the e-petition website
-intended to “build bridges between people and parliament”
How many signatures does a petition need for the government to respond to it?
10,000
How many signatures does a petition need for the government to consider it for debate?
100,000
Between 2017-2019 parliamentary sessions how many petitions were submitted? How many did the government respond to? How many were debated in parliament?
33,000
456
74
State an advantage to e-petitions
Creates a direct link to the government
-Motivates people to get involved
State some disadvantages to e-petitions
-Many rules and regulations prevent it from truly being successful and it is likely the government will find a loophole to prevent them from having to properly engage with a petition
What are pressure groups?
-Pressure groups are groups of people concerned with specific subjects and press for law reform in the areas they care about
e.g Professional bodies
Unions
Environmental Groups
Animal Welfare Groups
What tactics can pressure groups use?
Lobbying MP’s
E-petitions
Strikes
Protests
Media
Boycotting products
Telling a story
Avoid legal activities
