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law > paper 2 section A: law reform > Flashcards

paper 2 section A: law reform Flashcards

1
Q

Manifesto promises

A

put forward during an election to highlight the aims of that party on a range of key issues

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2
Q

Examples of conservative manifesto promises

A
  1. deliver Brexit and negotiate a new trade deal with the EU - resulted in the EU (Withdrawal Agreement) Act 2020
  2. Improve the NHS and enhance patient care - resulted in Health and Care Act 2022
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3
Q

why can’t manifesto promises result in law reform

A

global events, may have intentionally over-promised and under-delivered, backbenchers may rebel and vote against their proposals

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4
Q

Lobbying

A

making views known to MPs to try to influence policy

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5
Q

An example of successful lobbying

A

the British soft drinks association and the food and drink federation paid lobbyists to influence law making policy in the ‘sugar tax’ laws

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6
Q

September 2023 example of lobbying

A

Lib Dem conference where businesses bought stands to lobby party members - River Action wants the Lib Dems to put the issue higher on their priority list

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7
Q

Undue influence example

A

David Cameron was banned from lobbying for 2 years after he left office as PM and took on commercial roles

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8
Q

Advantages of lobbying

A
  • Representation of interests; it gives a platform for people and groups to make their opinions heard
  • The lobbyists are often experts in a particular field and have access to research that law makers may not
  • The system allows them to build direct relationships with the decision-makers
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9
Q

Disadvantages of lobbying

A
  • Undue influence; individuals who have the most duding and connections are likely to have the most access to policy makers and therefore the most success in influencing decision-making
  • There is potential for corruption due to the close relationship between lobbyists and policymakers
  • There is a lack of transparency as its difficult for the public to know who is influencing policy decisions
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10
Q

Private Members’ bills

A

when an MP or member of the HL puts forward a bill as a PM (not a part of the cabinet)

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11
Q

Example of a successful PM bill

A

the marriage (same-sex couples) act 2013; MP Yvette Cooper (Labour)

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12
Q

Pressure group

A

NGO that seeks to try to influence policy and reform in favour of their interests/cause

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13
Q

Cause group

A

open to anyone who wishes to join, agrees with their cause

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14
Q

Sectional group

A

has restricted membership to a specific section of the public eg teachers,

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15
Q

Insider group

A

direct links with policy makers and is directly consulted on issues linked to their area of expertise

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16
Q

Outsider group

A

does not have direct links to the policy makers but aims to influence them by raising awareness of issues

17
Q

Fathers 4 Justice

A

A cause group whose aim is family law reform with equal contact for fathers. Had limited success although they were asked to participate in discussions leading to the Family Justice Review 2011 which led to the Children Act shared parenting laws

18
Q

Advantages of PGs

A
  • Heightened public awareness of issues eg highlighting injustice for divorced fathers by Fathers 4 Justice
  • Keeping an issue at the forefront of Parliament eg Environment groups keep environmental concerns high profile even when there are other things on the political agenda
  • Large, influential groups have the attention of Parliament
  • Expertise in the area of their campaign and often put forward draft bills
19
Q

Disadvantages of PGs

A
  • Biased in favour of their cause even if it lacks public support and there are other competing considerations why the law shouldn’t change
  • May use illegal tactics to raise awareness/publicity (riots etc)
  • Outsider groups have little funding and connections in comparison with larger, insider groups - Parliament has bias
  • Two PGs may have conflicting aims - League Against Cruel Sports wanted the ban on fox hunting while Country Alliance did not - caused many fights and disruptions
20
Q

Public opinion

A

The closer to a general election, the more likely the government is to pay close attention to what it perceives to be public opinion on key issues, to avoid losing power

21
Q

Examples of public opinion

A
  • Same Sex Marriage Act 2013
  • the Smoking Ban in public places in 2007
  • the Brexit Referendum of 2016
22
Q

Advantages of public opinion

A
  • Parliament is elected to do the will of the people, so acting on public opinion should be a key focus
  • Public views can lead to law reform in areas of equality and diversity as society’s morals and opinions evolve
  • The public can demand prompt action from lawmakers in response to situations, such as the banning of handguns following the Dunblane school shooting tragedy
23
Q

Disadvantages of public opinion

A
  • The public is not always aware of the context, the true facts or the constraints the law makers operate under. There may be conflicting interests to be balanced
  • They may be swayed by the Media through sensationalist reporting
  • It is difficult to ascertain what public opinion actually is on any given issues as there are few referendums, low voting turnouts (67% for the last election) and few people lobbying their MPs
24
Q

Media

A

There is a clear connection between the media and public opinion as they highlight issues of public concern. Media has the ability to impact political agendas, highlight issues and provide an outlet for the public via polls

25
Q

Example of media bias

A

Different news outlets may have bias and therefore provide ‘echo-chambers’ to their readers - reinforcing existing ideas (Minister fro Environment having 70,000 in Shell shares, only headlined once)

26
Q

Dangerous Dogs Act 1991

A

Newspapers caused panic when they reported that dog attacks were a national problem. The Government passed the law very quickly (in a day) and it was not well-drafted. In 2023 PM Sunak plans to ban the XL bully by amending the 1991 Acts

27
Q

Advantages of the media

A
  • Raises government awareness and informs them of concerns held by the public - media coverage
  • Pressure from media forces government to act
  • Media also raises public awareness which helps the public to accept its electoral mandate
  • Able to highlight bad practice
28
Q

Disadvantages of the media

A
  • Newspapers are not required to remain politically neutral (Often have their own political agenda - Rupert Murdoch owns many papers (The Times & The Sun) and uses them to project his own views
  • Newspapers must make money - they have an agenda to sell as many papers as possible
  • Easily whip up a moral panic
  • Even if an issue appears to have wide public support, there is no guarantee that government will act on it
29
Q

The Law Commission

A

Established in 1965, they are the only permanent and full-time body instigated to review the law and recommend changes.
- Composed of of 5 Commissioners, the Chair of which is a High Court judge and a team of researchers who serve a term of 5 years

30
Q

Codify and Consolidate

A

The LC pull all previous Acts and cases together into one new restatement of the law (codify) and do the same for previous Acts (consolidate)

31
Q

The LC’s role (MR C CRESS)

A

Modernise the law
Review the areas of law presented by gov
Consolidate areas of law (inc case law and statutes)
Codify statutes on an area of law
Repeal old laws
Eliminate anomalies by removing inconsistencies
Simplify the law
Systematic review of the law so it develops coherently

32
Q

Current projects of the LC

A

Financial remedies on divorce, Aviation autonomy, Hate crime

33
Q

How the LC works

A
  1. Given by the government (or chosen themselves) an area of law to examine and evaluate
  2. Research the existing law in that area
  3. Outline the current issues with existing law
  4. Analyse a variety of reform options to deal with the issues, usually have a consultation with stakeholders
  5. Create a report which recommends a set of reforms, outlining why they selected that options and rejected others
  6. Often the report will contain a draft bill
34
Q

Examples of legislation resulting from the LC’s influence

A
  • The Mental Capacity Act 2005
  • The Divorce Act 2020
  • The Online Safety Bill 2022
35
Q

Advantages of the LC

A
  • Possess a considerable amount of legal expertise and other subject expertise
  • Large amount of research carried out, therefore well informed, based on considerable evidence and helps make good law
  • Independent and non-political
  • A draft law is presented with their report for Parliament’s consideration, giving an expertly drafted head-start for ministers
36
Q

Disadvantages of the LC

A
  • About a third of recommendations not implemented
  • Government are not obliged to accept or carry out their recommendations
  • They lack power as gov/parliament does not have to consult the LC when it implements new law
  • Investigations are too lengthy and take too long to complete
37
Q
A

law (7 decks)

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