law reform Flashcards
what is law reform?
when we change the law in order to make it better
why may we need reform?
-law could be outdated
-law may be unclear
-may be people calling for a change
where may influences to change the law come from?
-political influences
-public opinion
-pressure groups
-lobbyists
-the law commission
how do political influences push change in the law?
by publishing manifestos on what they will do if voted into parliament, they may also produce public members bills
what are the 2 types of pressure groups?
-sectional pressure groups
-cause pressure groups
what are sectional pressure groups?
they represent a particular group/section of society and their interests
what are cause pressure groups?
these groups focus on more specific causes rather than groups of people
what was the law commission created by?
Law Commission Act 1965
who are the LC made up of?
-the chair
-other 4 commissioners
-chief executives + personnel
-non-executive board members
what is the role of The Chair in LC?
either a high court or an appeal court judge, and they are appointed to the commission by the lord chancellor and secretary of state for justice for up to 3 years
what is the role of the 4 other commissioners in the LC?
they are either experienced judges, barristers, solicitors or teachers of law. they are appointed by the lord chancellor and secretary of state for justice of up to 5 years
what is the role of the chief executive +personnel in the LC?
the commissioners are supported by a chief executive and around 20 members of the government legal service, 2 parliamentary counsel, and a few research assistants
what is the role of the 2 executive board members in the LC?
they provide support, independent challenge and expertise on issues of governance and strategic management
what do the law commission do? and where is this found?
-s3 of the Law Commissions Act 1965
-they review all areas of the law by;
.codifying the law
.consolidating the law
.repealing the law
what does codifying the law consist of?
-bringing together all the laws on one topic into one place, like all laws on criminal law into one place, into a code called the criminal code
what does consolidating the law consist of?
this means bringing a law that is spread across many cases/statutes into one Act, such as NFO’s
what does repealing the law consist of?
to get rid of a law that doe snot need to exist anymore
how do LC reform a law?
-choose an issue
-research
-consultation
-final report
how do the LC choose an issue?
an area of law is referred to the LC by the lord chancellor on behalf of the government
-or the LC choose a topic by themselves and seek government approval
what is a consultation paper?
a paper that contains a description of the current law, and describes the issues and suggests options for the new law
what is the LC report?
after getting responses on the consultation paper, they create a report that contains things like the research and contains a draft bill
what is the overall success of the LC?
it has been gradually decreasing in success
