Law Reform Flashcards
Describe the influences that can lead to law reform [8 marks]
Political parties- publish a manifesto e.g Human Rights Act 1998
Private Members Bills- introduced through parliamentary sessions e.g Abortion Act 1967
public opinion-when there is a strong public opinion parliament have to make laws to deal with it e.g Dangerous Dog Act 1991, media can get attention of public
sectional pressure groups-represent a section of society e.g Law Society represents lawyers interests
cause pressure groups-focus more on specific causes e.g League of cruel Sports against fox hunting -> Hunting Act 2004
LC- independent group of legal experts who find problems within the law, conduct research into how to fix it and propose reforms to parliament e.g Consumer Rights Act 2015
Explain the purpose of the Law Commission [8 marks]
what are they?
-Set up under Law Commissions Act 1965
-independent body responsible for reviewing and reforming the law
what do they do?
-under s3 of the LCA they must review all area of law to make systematic reform by codifying the law, consolidating the law, and repealing the law
what is codifying?
-brining together all the laws on one topic into one complete code
-e.g LC want to bring all areas of Criminal law into one Criminal code -> 1985 LC published first ‚draft criminal code‘ NOT IMPLEMENTED
-working on smaller areas of law
what is consolidating?
-bringing a law that is spread across many cases and statutes into one single act
-e.g all the NFOs and spread across the Offences Against the Persons Ant and common law
-led to Draft Bill for NFOs in 1998 still not implemented despite 2nd review
-successful in Family Law Act 1996 which tied together disparate law on divorce and DV
what is repealing?
-means getting rid of law that’s doesn’t need to exist
-they have 19 Statute Law (repeal) acts as a result of LC repealing more than 3000
Explain how the Law Commission propose law reforms
what is the LC?
-set up under Law Commission Act 1965
-Independent body responsible for reviewing and reforming the law by codifying, consolidating, and repealing the law
the process
1.select an issue
-area of law referred to Lc by Lord Chancellor on behalf of gov or LC choose a topic themselves and seek gov approval
2.LC conduct research; look at cases statutes and academic articles
3.publish a consultation paper
-contains a description of the current law, explains the problems, suggests options for reform
-people then respond to the paper with their views
4.LC make a proposal for reform
-based on people’s response
In a report which explains research and consultation and usually contains a draft bill that lays out the exact way a law should be formed, parliament needs to pass to become bill
5.LCA 2009 amended the 1965 Act to help with this so Lord Chancellor must report to Parliament once a year to follow up on reports and get reason why implementation has not happened. Since 2010 special parliamentary procedure to implement incontrovertible LC reports 6 Acts passed
Explain who the Law Commission are [8 marks]
-set up under Law Commissions Act 1965
-independent body responsible for reviewing and reforming the law by codifying, consolidating, and repealing
-4 sets of people:
•‘chair‘ is either a high court or appeal court judge, appointed by the Commission by Lord Chancellor and Secretary of State for Justice for up to 3 years
•other four Commissioners are experienced judges, barristers, solicitors or teachers of law, with a wide range of expertise. Appointed by Lord Chancellor and Secretary for Justice for up to 5 years, appointments can be extended
•Commissioners supported by a Chief Executive and about 20 members of government legal service, 2 parliamentary counsel (draft bills to reform and consolidate law) and a number of research assistants
•can be up to 2 non-executive board members who provide support, independent challenge, and expertise on issues of governance and strategic management
Advantages of influences on Parliament
- Political influence is transparent as government manifestos set out the law they will make. For example, the Labour Manifesto 1997 set out the HRA 1998. This reflects public opinion. However, coalitions (lib/con 2010) aren’t transparent.
- media and public opinion are effective because they are good at scrutinising. For example the DDA 1991. Law is representative of modern society. However, leads to rushed law and bias.
- pressure groups bring issues to parliament attention. Represent different issues. E.g RSPCA- animal rights. Parliament are unaware of certain issues. However, some can be extreme
- law Commission have expertise as they are legally qualified experts. E.g Family Law Act- consolidated all law on divorce. Therefore they can write effective law. However, against parliamentary supremacy.
Disadvantages of influences on parliament
- political influence, small gov means it’s harder to pass laws. E.g Lib/dem coalition on uni fees disagreement. Laws take longer to pass, slow to change outdated law. However gov manifesto is transparent
- media + public opinion leads to poorly drafted law, Parliament have pressure to respond quickly. E. G DDA 1991. law is hard to apply. However, media is effective at pressuring.
- pressure groups can be extreme, by being dangerous. E.g Just Stop Oil preventing people from going to hospitals. It encourages violence. However, brings issues to parliaments attention.
4.Law Commission, Parliament don’t have to implement reports. E.g NFO report 1993 tried to reform OATPA but failed. Not effective and leads to outdated law. However, law commission is filled with expertise
Advantages of Law Commission
- made up of expertise, legally qualified experts from a wide range of backgrounds, e.g current chair is a judge from the court of appeal that hears serious cases and resolves legal issues, produces good law. However, Parliament do not always implant these ideas.
- politically independent from parliament, not paid by gov and so chooses which area of law to review themselves, e.g LC cant make reform on politically controversial topics and can refuse gov referrals. Impartial and honest about problems it encounters. However Parliament can make law without consulting law commission
- carry out lots of consultation, commissioners will ask people in that field of law for their views on reform. E.g for Fatal Offences, LC consulted general public , crim lawyers and more. Recommendations to parliament need to work in practice and have public support. However, it can make the process slow.
4.LC can make widespread reform. Because LC can make recommendations for whole areas of law at once. E.g draft Criminal code would have clarified lots of criminal law at once. Saves Parliament time and makes law more cohesive and consistent, so easier to understand and apply. However, Parliament tend to focus on popular policy and not complex legal issues.
Disadvantages of Law Commission
- LC do not always have suggestions implemented. Bcs gov is not bound to accept any reports or implant any recommendations. E.g NFO 1993, Negligence 1998, neither have been changed. Problematic or outdated law remains. However, when suggestions are followed it’s high quality.
- LC are slow to recommend changes to law, lengthy consultation process can take up to years. E.g. Automated Vehicle report took up to 5 years. Ineffective, poorly drafted law can remain without examination for a long time. However, process means that suggestions are very high quality.
- LC are not necessary for parliament to change law. Gov are not bound to consult LC and can make changes of their own accord. E.g LC were not consulated when Parliament made significant changes to sentencing procedures. Leads to poorly drafted law. However, LC benefit from being independent from gov as it means they are honest and impartial
4.parliament tend to focus on broad policy rather than substantive law. These tend to attract more public interest and will decide if they get re-elected. E.g Brexit and Covid-19. important legal issues may not be given adequate attention. However, saves Parliament time when LC make widespread suggestion for reform
