Law Reform P2

Question 1

Why do we need law reform?

Answer 1

• Law may be outdated or unclear.
• There may be people calling for change.

Question 2

What things/people/groups can influence law making and reform?

Answer 2

• Political influences.
• Public/media.
• Pressure groups.
• Private members bills
• Judicial decisions

Question 3

Who created the law commission?

Answer 3

Law Commission Act 1965

Question 4

Who sits on the Law Commission?

Answer 4

• Chairperson
• High court judge
• 4 other law commissioners who are experts in certain areas of law

Question 5

What do the law commission do?

Answer 5

• Systematically keep all English law under review
• Receive and consider proposals for law reform and consult relevant parties
• Put forward proposals for reform
• Repeal, consolidation, codification

Question 6

Repealing the law

Answer 6

• Process which law is revoked//annulled, investigate whether statues still required
• Eg: Abolition of the Death Penalty Act 1965

Question 7

Codifying the law

Answer 7

• Collecting law on a particular topic//area into a systematic code or statute, aim is to organise the law.
• Eg: Sentencing Act 2000

Question 8

Consolidating the law

Answer 8

• To draw all existing provisions together in one act to make law more accessible.
• Eg: Non fatal offences draft bill in 1998

Question 9

How do the law commission make reforms?

Answer 9

• Referral - by Lord chancellor in behalf of gov
• Research
• Consultation - people respond to published paper with views
• Proposals for reform

Question 10

Advantages of law commission

Answer 10

-Experts
-Consultation
-Independence
-Can make widespread reform

Question 11

Experts (adv)

Answer 11

• They have a wide variety of knowledge between them with a deep amount of knowledge on both theoretical and practical problems of law.
• Eg: Law of Murder (2006) , experts concluded that the law needed reform to allow for a more nuanced approach to the crime, led to mandatory life sentences.

Question 12

Consultation (adv)

Answer 12

• They have a wide variety of information about the subjects and are informed about the topic so they know who it will effect and how.
• Eg: Family Justice Review (2011), which improved family court processes.

Question 12

Independence (adv)

Answer 12

• They are an independent party from the government meaning they wont be pressured to do or ignore an issue, instead work on whats actually a real problem.
• Law of Contract reform (1999), which simplified contract law.

Question 13

Can make widespread reform (adv)

Answer 13

• They can look at an entire area of law and change it in one go, making it easy to modernise the law very quickly then slowly piece by piece.
• Coroners and Justice Act 2009, which changed the law on defences to murder, making it more fair and modern.

Question 14

Disadvantages of Law Commission

Answer 14

• Reforms not always implemented
• May not reflect public opinion
• Focuses on substantive law
• Reform can be made without LC

Question 15

Reforms not always implemented (disadv)

Answer 15

• The Law Commission can propose reforms, but the government is not obligated to accept or implement them.
• Changes can be delayed or rejected due to political reasons or other priorities
• Eg : Offences Against the Person Act 1861 have been proposed but not fully implemented.

Question 16

May not reflect public opinion (disadv)

Answer 16

• Often consults legal experts, but may not gather enough input from the general public, resulting in reforms that may feel disconnected from real-world concerns.

Question 17

Focuses on substantive law (disadv)

Answer 17

• Mainly addresses the content of the law, not the practical application or procedural aspects.
• Eg: law of murder 2006, updated the law but didn’t address how the defences work in practice in court.

Question 18

Reform can be made without LC (disadv)

Answer 18

• Eg: Terrorism Act 2006 was passed quickly without the input of the Law Commission, showing how reforms can happen without its consultation.