Law Reform

• What is the aim of the study material regarding law reform?


  To recognise why law reform is necessary and identify the bodies that can influence the law.
• What are the objectives of the study material?

  To recognise the reasons for law reform, identify how different bodies impact the law, and recall examples.
• Who influences law in the context of the study material?

  Government and Parliament.
• What role does the Government play in creating laws?


  The Government creates, amends, and repeals laws.
• What does a manifesto include?


  A manifesto includes the intentions and plans of a prospective Government.
• Is the Government bound by what they set out in their manifesto?


  No, the Government is not bound by their manifesto pledges.
• What is the Statute Law (Repeals) Act 2018?

  It is an act that repeals certain laws.
• What is codification in law?

  Codification is bringing together Acts and Case Law.
• What is consolidation in law?

  Consolidation is bringing together Acts under one law without changing the law itself.
• What is an example of judicial influence on law?


  Donoghue v Stevenson [1932].
• How do judges influence law?

  Judges make changes through statutory interpretation and original precedent.
• What are pressure groups?


  Pressure groups are organizations that seek to influence law and policy.
• What tactics do pressure groups use?


  They use tactics like lobbying MPs, petitions, strikes, and protests.
• What was the Snowdrop Campaign?


  The Snowdrop Campaign was a pressure group focused on gun control after a tragic event.
• How did media pressure influence law reform?


  Media pressure helped secure inquiries and led to laws like the Dangerous Dogs Act 1991.
• What is the purpose of inquiries?


  Inquiries investigate significant tragedies to learn lessons.
• What is the role of the Law Commission?


  The Law Commission reviews and reforms the law systematically.
• What does the Law Commissions Act 1965 establish?


  It establishes the Law Commission as an independent body for law reform.
• What are the advantages of codification?


  Codification increases accessibility, consistency, and certainty of the law.
• What are the disadvantages of codification?

  Codification can make law too rigid and unable to respond to change.
• What is the effectiveness of the Law Commission's proposals?


  About 70% of recommendations are enacted as of 2013.
• What is the significance of the Halliday Report 2003?


  The report held the Law Commission's contribution to law making in high esteem.
• Why is the codification of criminal law a significant issue?


  It remains unresolved as Parliament has failed to consider the proposals.
• What does the Law Commission Act 2009 introduce?


  It introduces a duty for the Lord Chancellor to report on the implementation of Commission proposals.
• What are the three ways in which Parliament can influence the law?


  1. Creating new laws
  2. Amending existing laws
  3. Repealing outdated laws
• What are the strengths and weaknesses of pressure groups?


  Strengths:

  • Represent minority interests
  • Raise awareness of issues

  
  

  Weaknesses:

  • May not represent general public opinion
  • Methods can be questionable
• What are the roles of the Law Commission?


  • Review and reform laws
  • Codify and consolidate laws
  • Repeal archaic laws
  • Fix anomalies in the law
• What are the criteria for the Law Commission to consider reviewing an area of law?


  1. Importance of the law
  2. Suitability of the Law Commission
  3. Availability of resources
• What is the process the Law Commission follows for law reform?


  1. Research the area
  2. Publish a consultation paper
  3. Draw up proposals for reform
  4. Present proposals in a report
  5. Legislative process through Parliament
• What are the advantages and disadvantages of codification and consolidation?


  Advantages:

  • Increases accessibility and consistency

  
  

  Disadvantages:

  • Can make law too rigid
  • May become messy with amendments
• What is the significance of public inquiries in law reform?


  • Investigate significant events
  • Learn lessons to prevent future issues
• What is the impact of media and public opinion on law reform?


  • Can persuade Government to take action
  • May create hysteria leading to knee-jerk reactions
• What is the role of e-petitions in law reform?


  • Allow public to petition on issues
  • 10,000 signatures prompt a government response
  • 100,000 signatures lead to parliamentary debate
• What are the challenges faced by the Law Commission in implementing reforms?


  • Lack of parliamentary time
  • Government disinterest
  • Backlog of proposals
• What is the significance of the Dangerous Dogs Act 1991?

  • Introduced after public pressure from media
  • Aimed to address dog attacks
• What is the significance of the Goodwin v UK (2002) case?


  • Influenced the Gender Recognition Act 2004
  • Highlighted the need for legal recognition of gender identity
• What is the significance of the Crime and Disorder Act 1998?


  • Abolished the presumption of doli incapax
  • Changed how children are prosecuted in law
• What is the significance of the Grenfell Tower Inquiry?


  • Ongoing inquiry into the causes of the Grenfell Tower fire
  • Aims to learn lessons for future safety regulations