law reform (p.1 s.a) Flashcards
what is the law commission?
an independent body who reviews laws and recommendations them to parliament
what is the royal commission?
a prime minister-ordered commission to review legal issues
what is a public inquiry?
a government review after a disaster to prevent recurrence
what can judges do to reform the law?
courts can influence laws through precedent (decisions made)
what are campaigns?
something designed to raise awareness of a particular flaw in the law
what are pressure groups?
organisations that aim to influence law and policy based on their members views
what is law reform?
the process of examining existing laws by updating, removing or introducing new laws
why is there a need for law reform
•society changes overtime
•it’s in the public interest
•tragedies
•new technology may lead to the need for new updates to the law
•may need to make the law more clearer or easier to understand
what are the 4 aims of law reform?
to make the law:
•fair
•modern
•simple
•cost effective as possible
how do the law commission select laws?
through initiation, pre-consultation, consultation, policy development and reporting
what is initiation? (law commission)
deciding on the area of the law
what is pre-consultation? (law commission)
undertaking a study of the area of the law and identifying its faults. at this stage interest groups and specialists in the area may be approached, and produce parliamentary proposals
what is consultation? (law commission)
a consultation paper is issues setting out in detail the existing laws and its faults, giving the arguments for and against the possible solutions and inviting comments
what is policy development? (law commission)
where the responses to the consultation is analysed, which helps develop and to refine thinking.
what is reporting? (law commission)
at the end a report is usually submitted, giving final recommendations and the reasons we are making them.
who’s in the law commission?
•the head of the law commission is either a high court or an appeal court judge
•the 4 other commissioners are experienced judges,barristers, solicitors or teachers of law
who are the law commission appointed by?
•the head of the law commission is appointed by the lord chancellor and secretary of state for justice for up to three years
•the 4 other commissioners are also appointed by the lord chancellor and secretary of state for justice up to five years
what acts go with the law commission?
•children act 1989
•care act 2014
when would the law commission reform a law?