Law Reform Flashcards
Paper 2 Section A
What is a manifesto in the context of political parties?
A manifesto is a document published by political parties outlining their political ideas and aims.
Which act was influenced by the Labour party’s manifesto promise to bring rights home?
Human Rights Act 1998
What are private member’s Bills?
Bills introduced by individual MPs during Parliamentary sessions.
Who introduced the Abortion Act 1967?
David Steel
How can public opinion influence Parliament?
Strong public feeling on an issue can compel Parliament to create laws addressing it.
What was the public response that led to the creation of the Dangerous Dogs Act 1991?
Public outcry about children being injured by dogs.
What role does the media play in influencing Parliament?
The media can raise public attention on issues, thereby influencing parliamentary action.
What are sectional pressure groups?
Groups representing particular sections of society and their interests.
What does the Law Society represent?
The interests of lawyers.
What does the British Medical Association represent?
The interests of doctors.
What are cause pressure groups focused on?
Specific causes rather than groups of people.
What was the focus of the League of Cruel Sports?
Opposition to fox hunting.
What legislation resulted from the activities of the League of Cruel Sports?
Hunting Act 2004
What is the role of lobbyists in Parliament?
Lobbyists try to persuade individual MPs to support specific causes.
What is the Law Commission?
An independent group of legal experts that identifies problems in the law and proposes reforms.
What act implemented changes suggested by the Law Commission?
Consumer Rights Act 2015
Fill in the blank: The _____ is an independent group that conducts research to find legal problems and propose reforms.
Law Commission
What is the Law Commission (LC)?
An independent body responsible for reviewing and reforming the law
Established under the Law Commissions Act 1965.
Under which act was the Law Commission established?
Law Commissions Act 1965
This act outlines the functions and responsibilities of the LC.
What are the three main functions of the Law Commission under s3 of the Law Commissions Act?
- Codifying the law
- Consolidating the law
- Repealing the law
These functions aim for systematic reform of the law.
What does codifying the law mean?
Bringing together all the laws on one topic into one complete code
Example: The LC aims to create a cohesive Criminal Code.
What was the significance of the LC’s manifesto published in 1985?
It set out their political ideas/aims influencing the ‘Draft Criminal Code’
This draft tied together many areas of criminal law.
Have any Governments implemented the full Criminal Code proposed by the LC?
No
The LC often works on smaller areas of law to encourage government adoption.
What does consolidating the law mean?
Bringing a law spread across many cases and statutes into one single Act
Example: Non-Fatal Offences (NFOs) spread across different laws.
What resulted from the consolidation efforts of the LC for Non-Fatal Offences?
Draft Bill for NFOs in 1998
This bill has not been implemented despite a second review in 2015.
What was the outcome of the LC’s work on the Family Law Act 1996?
It tied together and modernised disparate law on divorce and domestic violence
This represents a successful consolidation effort by the LC.
What does it mean to repeal law?
Getting rid of law that does not need to exist
This process has seen significant success from the LC.
How many Statute Law (Repeal) Acts have resulted from the LC’s efforts?
Nineteen
These Acts have repealed more than 3,000 laws in their entirety.
What was established under the Law Commissions Act 1965?
The Law Commission (LC)
The Law Commission is an independent body responsible for reviewing and reforming the law.
What are the main responsibilities of the Law Commission?
Reviewing and reforming the law by codifying, consolidating, and repealing it
The LC aims to improve the law for clarity and effectiveness.
How does the Law Commission select issues to address?
Issues are referred by the Lord Chancellor or chosen by the LC with Government approval
The LC typically focuses on substantive areas of law such as crime, tort, and family law.
What is the first step the Law Commission takes after selecting an issue?
Conduct research
This involves examining cases, statutes, and academic articles.
What does the consultation paper published by the Law Commission contain?
Description of current law, explanation of problems, and options for reforms
It may also include how other countries have addressed similar issues.
Who typically responds to the Law Commission’s consultation paper?
Experts and people involved in the area of law
Their feedback helps inform the LC’s proposals for reform.
What follows the consultation process conducted by the Law Commission?
Proposal for reform in a report
This report includes research findings, consultation responses, and usually a draft Bill.
What must happen for a proposal by the Law Commission to become law?
Parliament must pass the draft Bill
The LC’s proposals are not law until they are enacted by Parliament.
What amendment was made to the Law Commissions Act in 2009?
The Lord Chancellor must report to Parliament once a year on implementation
This amendment aimed to increase accountability for the implementation of LC reports.
What special procedure was introduced in 2010 regarding Law Commission reports?
A special Parliamentary procedure for ‘uncontroversial’ reports
This procedure has facilitated the passing of 6 Acts through this process.
What is the Law Commission?
An independent body responsible for reviewing and reforming the law
It was set up under the Law Commissions Act 1965.
What are the main functions of the Law Commission?
Codifying, consolidating, and repealing the law
These functions aim to improve legal clarity and efficiency.
Who is the Chair of the Law Commission?
A High Court or Appeal Court judge appointed by the Lord Chancellor
The Chair serves for up to three years.
How many Commissioners are there in the Law Commission?
Four Commissioners
They are experienced judges, barristers, solicitors, or teachers of law.
What is the maximum term for a Commissioner in the Law Commission?
Five years
Appointments may be extended beyond this period.
Who supports the Commissioners in the Law Commission?
A Chief Executive and about 20 members of the Government Legal Service
Additionally, there are two Parliamentary Counsel and several research assistants.
What is the role of Parliamentary Counsel in the Law Commission?
Drafting the Bills to reform and consolidate the law
They play a key role in the legislative process.
What is the maximum number of Non-Executive Board members in the Law Commission?
Two Non-Executive Board members
They provide support and independent challenge on governance and strategic management.
True or False: The Chair of the Law Commission is appointed for a term of five years.
False
The Chair serves for up to three years.
Fill in the blank: The Law Commission was established under the _______.
[Law Commissions Act 1965]
