Law Reform Flashcards

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

List the influences on law making :

A

*Political
*Public opinion and the media
*Pressure Groups and Lobbyists
*Public inquiries and emergency situations
*Law Commission

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

How does government policy influence law making?

A

When a government is formed it will have a list of reforms it wishes to carry out in its party manifesto.

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

What is an example of government policy influencing law making?

A

The Human Rights Act 1998 fulfilled a labour manifesto commitment to incorporate the European Convention on Human Rights into UK law.

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

How does public opinion and the media influence law making?

A

If there is a strong public opinion the government may give into the public. Public opinion is often expressed through the media, which can often add to the weight of public opinion by offering free press and increasing public awareness.

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

What is an example of public opinion and the media influencing law making?

A

The Voyeurism Act 2019 made up-skirting a specific offence as a result of a high profile case in the media which caused public outrage.

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

What is a pressure group?

A

An organisation formed to bring their issues to the attention of the public and government.

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

How may pressure groups seek to influence ?

A

-lobbying (persuading) individual MPs to support their cause
-direct action (strikes or demonstration)
-petitions
-media and advertising to attract public sympathy

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

What is an example of pressure groups and lobbyists influencing law making?

A

A campaign by the League Against Cruel Sports led to a ban on fox hunting in the Hunting Act 2004

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

How do Public inquiries and emergency situations influence law making?

A

Public inquiries investigate issues of serious public concern, scrutinising past decisions and events. They are commissioned by the government and investigated by an independent panel. Emergency situations also influence Parliament to act due to serious public concern.

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

What is an example of Public inquiries and emergency situations influencing law making?

A

The Coronavirus Act 2020 enabled the government to impose a national lockdown to prevent the further spread of coronavirus.

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

What is the role of law commission on influencing law making?

A

To systematically keep all English law under review and recommend reform where it is needed, stated by the Law Commissions Act 1965.

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

What act states the regulations of Law Commission?

A

Law Commissions Act 1965

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

Who does the Law Commission consist of?

A

-A chair - either a High Court or an Appeal Court judge
-Four other Commissioners who are experienced judges,barristers,solicitors, or academics.
They are appointed by the Lord Chancellor

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

What are the 4 stages of Law Commission?

A
  1. Referral
  2. Research
  3. Consultation
  4. Proposals for reform
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What act draws together 65 different acts of Parliament into one single ‘sentencing code’?

A

The Sentencing Act 2020

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

Explain this stage of Law Commission : Referral

A

Topics may be referred by the Lord Chancellor on behalf of the government, or the Law Commission itself will select areas that need reform

17
Q

Explain this stage of Law Commission : Research

A

Law Commission researches the area of law to identify its problems, it may approach specialists in the area or look at how other legal systems deal with similar problems

18
Q

Explain this stage of Law Commission : Consultation

A

A consultation paper is published seeking views on possible ideas for reform, it will set out existing law and its problems, giving arguments for and against. This paper is circulated widely to all interested parties.

19
Q

Explain this stage of Law Commission : Proposals for reform

A

The Law Commission analyses the responses to consultation, to help develop and refine ideas. A report is presented giving final recommendations and proposals for reform. Often there is a draft Bill attached to the report.

20
Q

True or false
The Law Commission has power to change the law.

A

False

21
Q

Which act places a requirement on the Lord Chancellor to report to Parliament annually on the governments progress in implementing the Law Commission’s reports?

A

The Law Commission Act 2009

22
Q

What does the Law Commission Act 2009 do?

A

Require the Lord Chancellor to report to Parliament annually on the governments progress in implementing Law Commissions reports.

23
Q

What is an example of Law Commission?

A

The Consumer Rights Act 2015, which gives consumers the legal right to reject faulty goods and the right to refund if they act within a reasonable time.

24
Q

What does the Consumers Rights Act 2015 do?

A

Gives consumers the legal right to a refund if they act within a reasonable time.

25
Q

Advantages of Law Making : Political

A

-Each political party has its proposals known and ready if they are elected.
-A government majority means most of the laws will be passed.
(Correct if i get one of these)

26
Q

Advantages of Law Making : Public opinion and the media

A

Noticeable public opinion within media means that the majority of the public has that belief, therefore Parliament can safely pass law on that issue.

27
Q

Advantages of Law Making : Pressure Groups and Lobbyists

A

Raise important issues drawn to the attention of Parliament, and Lobbyists can present interests directly to government minsters or departments.

28
Q

Advantages of Law Making : Law Commission

A

-They are legal experts
-More than 2/3 of proposals are successful

29
Q

Disadvantages of Law Making : Political

A

New governments may repeal or alter laws made by previous government.

30
Q

Disadvantages of Law Making : Public Opinion and the media

A

Responding too quickly to high profile incidents can lead too poorly drafted law.

31
Q

Disadvantages of Law Making : Pressure groups and lobbyists

A

-They try to impose their ideas on the majority
- Pressure groups may have conflicting interests

32
Q

Disadvantages of Law Making : Law Commission

A

-Some reforms may never be implemented due to lack of political will and Parliamentary time.