Law reform- LAW MAKING (2) Flashcards
what are parliaments 2 jobs
- to make laws
- to reform laws
what are the 4 influences on parliament when they make/change laws?
- government ministers
- pressure groups
- certain events
- public options
Tell me about government policy/manifesto promises and their influence on parliament.
political parties make promises to change certain laws if they are elected
what is the example for government policy/manifesto promises
Human right act 1998
This fulfilled the labours party 1997 election manifesto/promise to ‘bring rights home’
Tell me about private members bills and the influence on parliament
An individual MPs ideas or proposals for a new law can result in it becoming an actual law if they get enough support behind their idea to parliament.
what is the example for private members bill
the abortion act 1967
the MP David Steel introduced the prospect for legalising abortion in the UK under a private Members bill. This was subsequently was passed as a law in 1967.
Tell me about pressure groups and lobbyist and their influence on parliament
a group of people campaigning for a particular cause. can pressurise parliament to change the law
lobbying is where members of the pubic approach and try to speak to MPs in the lobbies so they can try and persuade MPs to support their cause
what is the example of pressure groups
Royal College of Nursing
trade union that represent nurses in UK. Have campaigned for pay rises for their members.
tell me about public inquiries and their influence on parliament
usually established in response to a serious incident or event that has caused significant public concern.
govt launch an investigation into the area of public concern and can lead to a change in law.
what is the example of public inquiries
The cullen report
inquiry into the Dunblane Massacre. its findings led to the Firearms Amendment Act 1997
Tell me about emergency situations and their influence on parliment
parliment can respond to worldwide events by passing emergency legisaltion
what is the example of emergency situations
The Anti-Terrorism, Crime and security Act 2001
an emergency response to the terrorist attacks upon the world trade centre in 2001.
what are the 4 advantages of the influence of parliament
- can lead to significant changes in the law
- can highlight public opinion on an issue to parliament
- can offer expertise to parliament in how to change the law
- can make impartial and unbiased recommendations for law change to parliament
what are the 4 advanatges of the influence on parliment
- can lead to significant changes in the law
- can highlight public opinion on an issue to parliament
- can offer expertise to parliament in how to change the law
- can make impartial and unbiased recommendations for law change to parliament
what are the 4 disadvantages of the influence on parliment
- might not reflect full public opinion on an issue
- parliament may ignore recommendations to change the law
- some influences prove to be a waste of time and money
- may need too a knee-jerk response and a poor change in the law by parliament
who is the law commission
the law commission is a formal, full time law reform body
when was it established
in 1965 by the Law Commission Act 1965
what does the law commission consist off
A chairperson- who is a high court or an appeal court judge
Four other commissioners- who are experienced judges, barristers, solicitors, or teachers of law.
who is the current chairman of the law commission
Sir Peter Fraser
what does S3 Law Commission Act 1965 state
main role is to keep the law under review and to recommend reform where needed.
what does the law commission do
repeal
consolidation
codification
what does repeal mean
remove out of date laws
what does consolidation mean
simplify the law by bringing the exisisting laws on a particular area that is contained in lots of acts, into one new act
what does codification mean
putting all the laws on a particular topic into one source, includes both legisation and common laws
how do they reform the law
refer
research
respond
what does refer mean
lord chancellor refers area of law to be reviewed to the commission, or they ask to review it
what does research mean
they research the current law on the area and a consolidation paper outlining their findings
what does respond mean
following response to their research, they produce a final report which outlines proposals as to how the law could be changed/improved in this area
what does the law commission act 2009 state
establishes and outlines the functions, composition, and powers of the Law Commission to review laws and change them.
whats the example of an act based on a law commission report
sentencing act 2020
this was based on the law commission project: the sentencing code 2018
this report suggested bringing all the sentencing laws from all the different acts of parliament together in one new act to make a clear sentencing code.
