Law reform Flashcards
What is meant by law reform?
‘Reform’ means to change; so law reform is when we change the law to improve it
Why do we need to change the law?
The law may be outdated, unclear or people are calling for a change
What things can influence law making and reform?
The media, political influences, the law commission, pressure groups and lobbyists
Political inlfuences
Publish manifestos to set out political ideas in a bid to get votes, if they get elected into government they can make these plans into law
A backbench MP can also introduce a new bill into parliament. This is an alternative way of bringing about a new law eg. The Abortion Act 1967
The labour party in its 1997 manifesto promised increased protection of British citizens rights eg. The Human Rights Act 1998
Media/public opinion
TV, radio, newspapers, and social media bring public opinion to the governments actions.
People run campaigns to pressure the government to chnage the law eg. Intense pressure from the media after a number of children were killed by dogs, so the public pressured parliament into passing the Dangerous Dogs Act 1991
Pressure groups/lobbyists
Groups with a particular interest bring important matters to the attention of the public and the government.
Sectional pressure groups:
-The law society- represents solicitors
-NFU- represents farmers
-NEU- represents teachers
-BMA- represents doctors
Cause pressure groups:
-Oxfam
-Friends of the earth, WWF, LGBT
Who created the law commission
The Law Commissions act 1965
The chair
Either a high court judge or appeal court judge, appointed by the Lord Chancellor and secretary of state justice for up to 3 years
Other 4 commissioners
Experienced judges, barristers or teachers of law. Appointed by Lord Chancellor and secretary state of justice for up to 5 years.
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
Non executive board members
Provide support, independant challenge and expertise on issues of governance and strategic management
S3 of the Law Commissions Act 1965
The LC’s duty is to:
Review all areas of law and reform by codifying the law, consolidating the law and repealing the law
Codifying the law
Bringing all law (statutes and cases) on one large area of law together into one new legal code
Example of codifying the law
1985, LC proposed a new criminal code, bringing together almost all criminal offences
No government has ever implemented the full code
Consolidating the law
Bringing all law on one smaller area of law together into one act
Example of consolidating the law
1998, LC proposed a new bill on non fatal offences, bringing together all statutes and case law into this area (still hasn’t been implemented)
1996, The Family Law Act which tied together multiple laws on divorce and domestic violence
Repealing the law
Getting rid of laws that are no longer needed
How successful have the LC been at repealing the law
Parliament have passed 19 statute law acts due to the LC’s recommendations, repealing over 3000 acts
How do the law commission make reforms, whats first?
Choosing an issue- An area of law is referred to the LC by the Lord Chancellor on behalf of the government or the LC choses a topic themselves and seeks governments approval
Usually works on areas of substantive law
Whats second?
Research- LC looks at cases, statutes and academic articles to understand the current state of the law
Third?
Consultation- LC publish a consultation paper containing a description of the current law, explaining the problems witj it and recommend a new reform
People then respond with their views
Fourth?
Report- LC draw up firm proposals for reform in a report explaining the research and consultation and usually contains a draft bill that lays out the exact way the new law should be formed
How many reports were implemented in the LC’s first 10 years
1965-1975: 80%
1975-1985: 50%
1990: 0%
New measures in 2009?
2009- The LC Act 2009 amended the 1965 act so that now Lord Chancellor must report and get reasons why implementation has not happened
New measures in 2010?
Since 2010 there is a special parliamentary procedure to accelerate the implementation of LC reports that are u controversial, six new acts of parliament have been passed through this process.
The Coroners and Justice Act 2009
Replaced problematic law on provocation with loss of control
The Consumer Rights Act 2015
Allows customers the right to reject faulty goods and get a refund
The Criminal Justice Courts Act 2015
Its now an offence for a juror to conduct internet research
The Land Registration Act 2002
Made it easier to buy and sell houses
The Fraud Act 2006
Modernised and organised the law on fraud
