What has led to Law Reform Flashcards
Impetus(encouragement) Law Reform
Why???
Almost all legislation passed by Parliament is created as a result of proposals put forward by the Government or as part of our obligations under EU law.
These proposals for law reform may reach the Government from a variety of sources
Governments own policy
Governments formed from the party who wins the election with the most votes.
That government then has an obligation to put their manifesto promises into action as they have been given a democratic mandate to do so.
The Queens speech which starts off each parliament outlines the legislation intended to enact these promises
The Human Rights Act 1998 is seen by many as a very significant piece of legislation which resulted from a manifesto promise by new labour to “Bring Rights Home”.
Obligations under EU law (and other international treatises)
1973- UK became a member of the EU by assenting to the Treaty of Rome and passing the Europeans Communities Act 1972.
Since this time articles of the treaties of the EU and Regulations passed by the EU are automatically part of our legal system
Other laws such as Directives are passed to the UK with an obligation to enact domestic legislation to give them legal force.
Eg the Consumer Protection Act 1987 which was enacted to comply with Product liability Directive
Private members bills
They give individual MPs an opportunity to raise issues of concern.
These are often non-party matters
Michael Colvin- Computer Misuse Act 1991
David Steel- Abortion Act 1967
Social change
The period following WW2 saw rapid social change with the establishment of a welfare state.
The National Assistance Act 1948 for eg abolished the Poor Law System and provided a social safety net for some of the most vulnerable in society..
Moral change
Abortion act 1967 decriminalised abortion in some circumstances and
homosexuality moved from being unlawful under the Criminal Law Amendment Act 1885 to heterosexuality through the sexual offences act 1967, criminal justice and public order act 1994 and the Sexual offences (amendment) act 2000
Changing attitudes to gender, race, age, sexual orientation, religious beliefs and disability
Discrimination in these areas has seen significant legal reform.
Equality act 2010 has recently consolidated legislation and now provides a single Act which provides the basis of all anti-discrimination laws
Public inquiries
Disaster
Multiple deaths
Planning and transport issues
Set up by the Gov. take legislative action in line with the Inquiry’s recommendations
Cullen report Media pressure and public campaigning Snowdrop campaign Dunblane massacre Firearms (Amendment) Act 1997 Firearms (Amendment) (No.2) Act 1997 which effectively banned the ownership of handguns in the UK
Public opinion
Through media Forced Marriage (Civil Protection) Act 2007
Dangerous Dogs Act 1991
Pressure groups
These are formed with the primary purpose of pressuring the government to change the law in a specific area
No success Fathers for justice
League Against Cruel Sports- hunting act 2004
Stonewall- repeal of s.28 of the local government act 1988 which sad included in the local government 2003
Specific interest groups
Trades Union congress (TUC)
Confederation of British Industry (CBI)
Equal pay act 1970
Commercial interests can also influence legislative change with the hospitality industry successfully pushing for changes to the licensing laws -licensing act 2003
Retail industries pushing for change to Sunday trading laws- Sunday trading act 1994
Emergency situations
Response to threat
Attack on US World Trade Center in 2001 which led to the Anti Terrorism, Crime and Security Act 2001
Judicial decisions
May highlight a loophole or fault in the law such as the gaps in the law of theft highlighted by the House of Lords in R v Preddy (1996) which led to the passing of the Theft Amendment Act 1996
Proposals wherever they come from in the first place must be approved by the government through a nine of cabinet committees and following necessary consultation.
A proposal will then become a Bill and a government minister will have to champion the Bill through a legislative process in Parliament
