Law Reform Evaluation Flashcards
Advantages of Law Commission: Legal expertise
Qualified legal professionals provide higher quality reforms.
Advantages of Law Commission: Non-political
Independent from government, ensuring legal needs are met without political bias.
Advantages of Law Commission: Consultation
Consults public and legal experts before proposal, ensuring fair and societal needs are met.
Advantages of Law Commission: Large scale reforms
Whole areas of law are addressed, allowing for comprehensive and systematic improvements made efficiently.
Disadvantages of Law Commission: Failure of Parliament implementing
Government delays or ignores due to lack of time, limiting effectiveness.
Disadvantages of Law Commission: Lack of Parliamentary time
Prioritizes political and financial problems, leading to important reforms being delayed or overlooked.
Disadvantages of Law Commission: Amendments by Parliament
Can change or reject proposals, making reform less effective and not reflecting original purpose.
Disadvantages of Law Commission: Codification
Some projects are too large for Parliament to look at, e.g., Criminal Code, wasting time and resources.
Evaluation of Political Influences: Strong influence
Propose reforms in manifesto, aiming to implement when elected.
Advantage: Democratic, choose what we want. Disadvantage: not legally bound to follow.
Evaluation of Political Influences: Democratic
Government voted has majority of seats.
Advantage: we voted, representative. Disadvantage: strong majority = less challenge = less scrutiny in process.
Evaluation of Political Influences: Inconsistency of government
New government may repeal or alter law from previous government.
Disadvantage: Instability + inconsistency in law, always changing.
Evaluation of Political Influences: Lack of democracy
Coalition if not majority seats, requiring compromises.
Disadvantage: We don’t vote for the coalition.
Evaluation of Political Public Opinion/Media: Specific events can trigger these changes
High profile events lead to public outcry.
Advantage: responsive to public concerns. Disadvantage: Rushed laws e.g., dangerous dogs.
Evaluation of Political Public Opinion/Media: Free press + social media
Criticize/bring attention to government mistakes, e.g., MP expense scandal.
Advantage: Raise awareness + hold government accountable.
Evaluation of Political Public Opinion/Media: Knee-jerk reactions
Media pressure leads to rushed laws.
Disadvantage: Poorly drafted laws, ineffective.
Evaluation of Political Public Opinion/Media: Too much influence
Manipulate news to create public opinion.
Disadvantage: Unjust laws, not a neutral view.
Evaluation of Political Pressure Groups: Large memberships
Groups have more members than political parties, e.g., National Trust.
Advantage: effective to raise issues.
Evaluation of Political Pressure Groups: Important issues/democratic
Make Parliament reconsider laws to reflect society.
Advantage: Ensures law reflects what society wants.
Evaluation of Political Pressure Groups: Undemocratic
Groups may impose views even if majority don’t agree.
Disadvantage: Ineffective, lead to laws not reflective of society.
Evaluation of Political Pressure Groups: Conflicting groups
When two groups compete, it’s hard for government to pick.
Disadvantage: Ineffective, causes delays.
Evaluation of Lobbyists: Available to everyone
Anyone can lobby.
Advantage: Democratic, everyone has chance to influence.
Evaluation of Lobbyists: Brings attention to issues
Brings attention to MPs, can lead to debates.
Advantage: Raises public concerns and government awareness.
Evaluation of Lobbyists: Professional lobbyists
Expensive use can lead to abuse of process by paying MPs to ask questions.
Disadvantage: Imbalance, businesses have more influence than public.
Evaluation of Lobbyists: Undemocratic
Professionals push for laws that pay clients, not the public.
Disadvantage: Lead to laws that favor certain interests over public good.
