Law Reform Flashcards
What is meant be law reform
When we try to fix/make the law better by changing it
Why do we need law reform
Law may be outdated or unclear.
There may be people calling for change.
What things/people/groups can influence law making and reform
Political influences.
Public/ media.
Pressure groups.
What Act created the law commission?
Law Commissions Act 1965
What are the influences on law making?
- Events -
-Events of 9/11 led to Anti terrorism, crime and security act 2001.
-Events of Dunblane Massacre by Thomas Hamilton led to Firearms (Amendment) Act for outright ban on privately owned cartilage handheld guns. - Government Manifesto (Budget)
The budget is approved every year. How much will the Government be spending on schools, NHS, public services such as Police etc. - European Union Law -
When we were in the EU, we were bound by their Laws.
As part of our commitment to the EU we were forced to pass new law in line with the direction they wish to take. - Law Reform Agencies -
Law reform bodies are permanent organisations whose only job is to suggest law reforms. Arguably, the most influential is the Law Commission…
Examples of media campaigns
Dangerous Dogs Act 1991
Hillsborough
Winterbourne View Care Home
Sarah’s Law
What are media campaigns mostly influenced by?
public opinion
Advantages of media
Issues of concern are raised - government may then introduce proposals
The media can lead and bring about public awareness and concern - people elect politicians and can push for these issues to be raised
Highlights public opinion
Reach a wider audience
Disadvantages of Media
Media sources are often not neutral or impartial
Traditional media is a business - needs to make money to sell copies, so campaigning can be influenced by this
Views and information shared on social media may be incorrect, offensive or unlawful
Can be exaggerated and designed to cause panic
Sectional Pressure Groups
Only their section of society
E.g. trade unions, British Medical Associatic etc.
Causal Pressure groups
Promote their idea/belief
E.g. Greenpeace, Amnesty International
Insider Pressure Groups
Have direct contact with Government
E.g. Royal College of Nurses, National Trust
Outsider Pressure Groups
No direct contact with Government - have to resort to direct action to be heard
E.g. Fathers4Justice, Amnesty International
Advantages of Pressure Groups
Can raise public awareness of an issue
Large groups have huge memberships which the government won’t want to upset
Considerable detailed knowledge of their interest
Can do research/reports on their interest to help government policy
Disadvantages of Pressure Groups
May be biased in favour of their particular cause and not be able to see an alternative point of viewOutsider groups may be prepared to use violence or criminal action to draw attention to their causeSupporters of group may only represent a small proportion of the population
Influential groups may push through views that do not represent the public as a whole
Who is the law commission?
Law Reform agencies are permanent bodies whose main job is to reform the Law.
How many law Commissioners are there?
• There are 5 Law Commissioners who are employed
How long are low commissioners employed for?
5 years
Who are the commissioners led by?
The Chairman who is employed 3 years at a time
What do the law commission do?
S3 of Law Commissions Act 1965 says the law commissions duty is to review all area of law to make systematic reform by;
- Codifying the law
- Consolidating the law
- Repealing the law
Codifying the law
Bringing together all the laws on a topic into one complete code.
For instance, the Law Commissions published their first draft (criminal code, which tied together lots of areas of criminal law)
however the government has not implemented this full code.
Consolidating the law
Bringing a law that is spread across many cases and statutes into one single act. E.g. the non fatal offences draft bill in 1998.
Repealing a law
Getting rid of obsolete law/law that doesn’t need to exist. More then
3000 acts have been repealed.
How do the law commission make reforms
Choosing an issue.
Research.
Consultation.
Report.
