Law Reform Flashcards
List the ‘Main Inflences’ of law reform? Define each one.
- Goverment manifestos: a document produced by each political party that outlines what they plan to do if they come into power - mainly a loophole of accountability. e.g Human Rights Act 1988 was a manifesto promise.
- Private Member’s Bills: 20 names, 10 mins. E.g Abortion Act 1967, David Steele MP.
What is a ‘cause group’, and give an example.
A cause group has open membership from the public, they promote a cause. E.g justice for 96.
What is an ‘interest group’, and give an example.
An interest group has membership only open to certain individuals e.g trade union members. Example of which; The Law Society.
What is the difference between an outsider group and an insider group?
Outsider- disapproved by Gov. e.g Greenpeace
Insider- Approved by Gov. e.g British Medical Association.
Give an example of when the media has influenced a change in the law.
Dangerous Dogs Act 1991 arose from enhancement in public opinion by the media.
What is a Judicial review?
When a judge is aquired to look into an area of law, in need of reform.
Give 2 examples of successful judicial inquiries.
Permissable answers:
- Cullen Inquiry - Dunblane disaster - led to Firearms Act 1997
- Taylor Inquiry - Hillsborough disaster - led to Football Spectator’s Act 1989
- Lord Woolf’s inquiry into litigation system led tot he Civil Procedure Rules 1999
- Sir David Clementi - reported in 2004 on the organisation of the legal proffession which led to the Legal Services Act 2007 - which outlined that an organisation can offer legal services even though the manager may not be a legal professional.
- Inquiry into Manchester Arena Bombing - Sir John Saunders, retired High Court Justice.
Give three advantages of law reform.
Permissable answers:
- Government is democratically elected
- Private Member’s Bills enable controversial policy through.
- Influencial pressure groups.
- EU law has had a postitive effect on UK law, e.g ECHR is enshrined in UK constitution throught HRA 1988.
- Media is highly influential nowadays.
- Independancy of judicial reports means sep. of powers is maintained.
Give three disadvantages of law reform.
Permissable answers:
- Governments do not always follow their manifestos.
- PMBs rarely gain support of the house
- Small pressure groups are less successful due to lack of consistency, incohesiveness and a lack of resources.
- No longer in EU - EU law is less beneficial.
- Media can lead to inherantly flawed legislation e.g Dangerous Dogs Act 1991
- Judicial reports can be time consuming.