Law Reform Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are four ways law is reformed

A

Parliamentary change
Judicial change
Pressure groups
Law reform agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why do we have law reform

A

So the law is up to date with society changing attitudes and respond to events and media pressure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is judicial change

A

Judiciary change is when the law is reformed by judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When does judicial change occur

A

When a case is brought upon a judge. Judicial change is retrospective meaning it can only occurs AFTER something happens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why is judicial change rare

A

Becuase courts can only deal with the cases in front of them
Parties often interested in changing the law CANT afford to bring a case
Judges are weary of making changes becuase they can not consult independent experts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Legal authorities for judicial change

A

GHADIAN v GODIN-MENDOZ(2004)
Court held that homesexuals living together should have the same rights as straight couples

RvR(1991)
Made rape in marriages illegal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Parliamentary change how does it take place

A

Repeal-get rid of outdated laws
Creation-make new laws
Consolidation-amending confusing law
Codification-making loads of acts one act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Where does most law reform take place

A

Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an example of repeal parliamentary reform

A

Fixed term act 2011 was repealed in 2022 to give the prime minister greater power in calling a general election

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is an example of creation parliamentary reform

A

Illegal Migration act 2023 which gave the prime minister greater power to stop and detain channel migrants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What’s an example of consolidation parliamentary reform

A

Care act 2014 sets in one place authorities duties toward the venerable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What’s Is an example of codification parliamentary reform

A

Police and criminal evidence act 1984 which codified and provided certainty to the police’s powers of arrest and investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a pressure group

A

A pressure group is an organisation that seeks to influence the direction of law and pol city on the basis of views and opinions of the members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is an interest group

A

A group that represents a particular section of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a cause group

A

A group based on shared values or attitudes of members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the roles of pressure groups

A

Influential bodies
Consultative bodies

17
Q

What is an example of a INTREST group

A

British medical association (BMA)
WE- CYMUNED

18
Q

What’s is an example of a CAUSE group

A

World wildlife Fund (WWF)
WE- Welsh language society

19
Q

What are pressure group tactics

A

Letter writing
Protests
E petitions
Direct action

20
Q

What is the law commission

A

The only full time law reform body in the Uk. It’s an independent commission that comprises five members drawn from the judiciary,legal profession and legal academics

21
Q

What does the law commission do

A

The law commission looks into law and then seeks option on possible reform. The consultation paper sets out the current law and set out problems and look for possible methods of reform

22
Q

How does the law commission reform the law

A

Same as parliament

Codify
Consolidate
Create
Repeal

23
Q

What’s an example of a law commission success

A

Law of property Act 1969
Animals act 1971