SECTION A: law reform 12 markers PAPER 2

Question 1

advantages of the influence on parliament

Answer 1

political influence
media
pressure groups
law commisions

Question 2

political influence

Answer 2

helps make parlimentary decision making transparent. This is
because political parties publish manifestos setting out the laws that they will make if they are elected into government. For example, the Labour Party’s 1997 manifesto promised increased protection of British citizens’ rights, leading led to the Human Rights Act 1998. good as decisons should be democratic howvrr can be unclear

Question 3

media

Answer 3

can pressure gov to change law by raising awarnss and public opinion to govs attention. For example, the media storm in 2000 following the murder of 8 year old Sarah Payne by a
convicted paedophile caused the government to pass the Criminal Justice Act 2003, which now allows parents to enquire to police about suspicious persons. good as society would be safer howver media pressure can cause parliament to rush decisons

Question 4

pressure groups

Answer 4

draw a wide range of issues to the government’s attention. different pressure groups representing many different people and
campaigning on many different issues. In 2004 the government passed The Hunting Act 2004 which banned fox hunting with dogs following pressure from animal rights group The League Against Cruel Sports. good as problems society are concerned about can be addressed. however pressure groups can often act badly.

Question 5

law commisions

Answer 5

made up of people with expertise. Cause: This is because
Commissioners are legally qualified experts from a wide variety of backgrounds. For instance, current chair s a judge from the Court of Appeal who frequently hears serious cases and resolves legal issues. This is a good thing because it means the Law Commission can analyse the law from different angles and produce reports
which are thoroughly researched and recommendations which are likely to make the law more effective. However, Parliament do not always implement the Law Commission’s suggestions, despite their experience.

Question 6

disadvantage

Answer 6

political influences
media
pressure groups
law commissions

Question 7

political influences disadvantage

Answer 7

when the government has a small majority in the
House of Commons. because they might not have enough votes in the House in their favour to get their bill passed. For instance, there was a Conservative and Liberal Democrat coalition in 2010. These two parties have very different views on a number of policies. bad as it can make parliamentary law making slow and Inefficient.

Question 8

media

Answer 8

risk of passing poorly drafted laws. may feel pressured to respond very quickly to an intense media storm. The Dangerous Dogs Act in 1991 was passed quickly following the deaths of a number of children by vicious dogs. This Act is badly drafted and therefore somewhat ineffective. bad as law may be vague and difficult to apply

Question 9

pressure groups

Answer 9

danger and anger public. often resort to violence and civil disruption to get
their voices heard. For example, Just Stop Oil - between 2022 and 2023 staged multiple
human roadblocks, threw soup over Vincent Van Gogh painting at National Gallery. bad as if gov change laws in response to these methods will encourage more people to do it.

Question 10

law commissions

Answer 10

not always have their suggestions implemented. This is because the government is not bound to accept Law Commission reports or implement any of their recommendations, either fully or in part. For example, in 1993 the Law Commission recommended reforms to non-fatal offences and in 1998 to the law of negligence but neither area of law has been changed. bad as problematic and outdated laws will remain

Question 11

advantages of law commissions

Answer 11

expertise
independant
carry out a great deal of consultation
make widespread reform

Question 12

expertise

Answer 12

Commissioners are legally qualified experts from a wide variety of backgrounds. For instance, current chair is a judge from the Court of Appeal who frequently hears serious cases and resolves legal issues. good because it means the LC can analyse the law from different angles and produce reports which are thoroughly researched and recommendations which are likely to make the law more effective. However, Parliament do not always implement these suggestions, so problems are not always resolved.

Question 13

independant

Answer 13

politically independent from Parliament. This is because the Commissioners are not paid by the government and can choose which areas of law to review for themselves. For example, the Law Commission cannot make reform about politically controversial topics, and can refuse to take on government referrals. This is good because the Law Commission will be impartial and honest about any problems it encounters. However, Parliament can also make law without consulting the Law Commission at all, making them less useful.

Question 14

carry out a great deal of consultation

Answer 14

because when reviewing a particular area of law, Commissioners will ask people working in that field for their views and ideas for reform. For example, when reviewing fatal offences, the Law Commission consulted with the general public, criminal lawyers, academics, victim liaison officers, religious groups and looked at the law in other countries. This is good because the recommendations they make to Parliament should work effectively in practice and receive public support. However, the amount of work that goes into the report also means the process can be very slow.

Question 15

make widespread reform

Answer 15

Law Commission can suggest reforms for entire areas of law at once. For example, the Draft Criminal Code was a proposal that would clarify a great deal of criminal law all at once, rather than just fixing individual problems. This is good because it can save time for Parliament and make the law more cohesive and consistent by being reformed all at once. This can make the law easier to understand and apply. However, Parliament tend to focus on popular policy and not resolving intricate legal issues that the Law Commission usually examine

Question 16

disadvantages of Law commissions

Answer 16

not always have their suggestions implemented.
slow to recommend changes to the law.
not necessary for Parliament to change law.
Parliament tend to focus on matters of broad policy rather than substantive law

Question 17

not always have their suggestions implemented.

Answer 17

the government is not bound to accept Law Commission reports or implement any of their
recommendations, either fully or in part. For example, in 1993 the Law Commission
recommended reforms to non-fatal offences and in 1998 to the law of negligence but neither area of law has been changed. This is a bad thing because problematic, outdated or unclear areas of law will remain, despite the time and effort the Commission have put in. Nonetheless, when suggestions are followed, it will be of a high quality due to the legal
expertise of the Commission.

Question 18

slow to recommend changes to the law.

Answer 18

because their lengthy consultation process is very time consuming and often takes years. The Automated Vehicles Report took nearly 5 years to come to fruition. This is a bad thing because ineffective, poorly drafted law can remain without examination for a long time. However, the process does mean that the suggestions put forward are highly effective, if infrequent.

Question 19

not necessary for Parliament to change law.

Answer 19

the government are not bound to consult the Law Commission and can make changes of their own accord. For example, the Commission was not consulted before Parliament made substantial changes to sentencing practice and procedure in the UK. This is a bad thing because the Law Commission are made up of legal experts and not consulting with them before changing the law could lead to law that is not well thought out or drafted. However, the Law Commission also benefit from being independent from Parliament, making their suggestions more honest and impartial.

Question 20

Parliament tend to focus on matters of broad policy rather than substantive law which is what LC tend to focus on

Answer 20

because these topics attract greater public interest and the government knows it is these issues that will decide whether they are re-elected. For example, in recent years issues such as Brexit, Covid-19, the war in Ukraine, the mortgage crisis and the small boats crisis have taken up Parliament’s time, and many Law Commission reports do not get fully addressed. This is a bad thing because important legal issues may not be given adequate attention. However, the Law Commission can make life easy by suggesting widespread reform to whole areas of law, which saves Parliament time when reforming the law.