Law Reform Flashcards
What are four ways law is reformed
Parliamentary change
Judicial change
Pressure groups
Law reform agencies
Why do we have law reform
So the law is up to date with society changing attitudes and respond to events and media pressure
What is judicial change
Judiciary change is when the law is reformed by judges
When does judicial change occur
When a case is brought upon a judge. Judicial change is retrospective meaning it can only occurs AFTER something happens
Why is judicial change rare
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
Legal authorities for judicial change
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
Parliamentary change how does it take place
Repeal-get rid of outdated laws
Creation-make new laws
Consolidation-amending confusing law
Codification-making loads of acts one act
Where does most law reform take place
Parliament
What is an example of repeal parliamentary reform
Fixed term act 2011 was repealed in 2022 to give the prime minister greater power in calling a general election
What is an example of creation parliamentary reform
Illegal Migration act 2023 which gave the prime minister greater power to stop and detain channel migrants
What’s an example of consolidation parliamentary reform
Care act 2014 sets in one place authorities duties toward the venerable
What’s Is an example of codification parliamentary reform
Police and criminal evidence act 1984 which codified and provided certainty to the police’s powers of arrest and investigation
What is a pressure group
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
What is an interest group
A group that represents a particular section of society
What is a cause group
A group based on shared values or attitudes of members
What are the roles of pressure groups
Influential bodies
Consultative bodies
What is an example of a INTREST group
British medical association (BMA)
WE- CYMUNED
What’s is an example of a CAUSE group
World wildlife Fund (WWF)
WE- Welsh language society
What are pressure group tactics
Letter writing
Protests
E petitions
Direct action
What is the law commission
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
What does the law commission do
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
How does the law commission reform the law
Same as parliament
Codify
Consolidate
Create
Repeal
What’s an example of a law commission success
Law of property Act 1969
Animals act 1971
