Law Reform Flashcards
What influences the need for law reform?
- Social change (e.g., Marriage (Same-Sex Couples) Act 2013).
- Advances in technology (e.g., Computer Misuse Act 1990).
- Political priorities and public pressure.
What challenges arise in the process of law reform?
- Limited parliamentary time.
- Balancing competing interests.
- Political bias and short-termism.
What role do public inquiries play in reforming the law?
Public inquiries investigate high-profile incidents (e.g., Hillsborough Inquiry) and recommend legal or procedural changes.
How do societal changes influence law reform?
Increased awareness of issues like equality (e.g., Equality Act 2010) or environmental concerns (e.g., Climate Change Act 2008).
What role does the Law Commission play in law reform?
The Law Commission reviews laws, recommends reforms, and drafts legislation to simplify or modernize laws.
What are examples of successful reforms initiated by the Law Commission?
- Corporate Manslaughter and Corporate Homicide Act 2007.
- Fraud Act 2006.
What is codification, and how does it relate to law reform?
Codification consolidates all laws on a topic into a single statute (e.g., Draft Criminal Code).
How does public opinion influence law reform?
Government may act due to widespread public pressure, such as campaigns or petitions (e.g., Dangerous Dogs Act 1991).
How do judges contribute to law reform?
Through judgments, judicial precedent, or comments in obiter dicta urging changes (e.g., R v R).