evaluation of influences on the law

• what are the advantages of the government & parliament? 


  laws can be made quickly, they have significant powers to make laws, democratically elected, can create & amend laws efficiently
• what are the disadvantages of the government & parliament?


  -government are concerned with politically motivated areas

  -government are not bound by their manifestos

  -knee-jerk reactions can cause complicated, unsuitable laws
• what politically motivated areas are the government & parliament concerned with? 


  education, NHS, immigration etc
• give some examples of acts made under knee-jerk reactions 


  -Dangerous dogs act 1991

  -Anti-terrorism, crime & security act 2001
• give the advantages of judicial influence in law reform


  • Able to make original precedent & statutory interpretation
• give the disadvantages of judicial influence on law reform


  • breaches separation of powers
  • slow to change
  • courts may feel area of law is too significant for them to change so leave it for parliament to change instead
• why is the separation of powers being breached?


  because judges are not democratically elected
• why is it slow to change?

  courts can only respond when a case comes before them on an issue that requires reforming
• give the case example relating to courts leaving law reform to parliament

  C v DPP 1995
• what happened in C v DPP?


  • HL refused to abolish presumption of doli incapax despite agreeing it was outdated
  • So HL left this for parliament to change
• what is the presumption of "doli incapax"


  to prosecute child 10-14 prosecution have to establish they knew right from wrong
• what act did parliament create to abolish doli incapax because the HL wouldn't do it?


  The crime and disorder act 1998
• give the advantages of pressure groups in law reform


  • allows minority groups to be represented & gain publicity for their shared cause
  • Can bring issues to government's attention
  • No cost to join a pressure group & anyone can join
• give the disadvantages of pressure groups in law reform


  • they are not always representative of public opinion
  • methods used can be not peaceful
• give an example that relates to not always representative of public opinion

  countryside alliance - fox hunting
• give an example of non peaceful methods used 


  extinction rebellion - people blocking waterloo bridge, just stop oil - blocking M25 etc
• give the advantages of the media & public opinion in law reform


  • media is widespread
  • most people have access to media nowadays
  • can be successful in persuading government to take action
• give the disadvantages of the media & public opinion in law reform 


  • often creates an impression of hysteria which doesnt reflect public opinion
  • may lead to unsatisfactory knee jerk reactions
  • may have mis information
  • can over dramatize things for dramatic effect and more publicity
• give an example of when the media caused knee jerk reactions


  • dangerous dogs act 1991
  • anti-terrorism, crime & security act 2001
• give the advantages of inquiries in law reform


  • help reform law after big events
• give the disadvantages of inquiries in law reform


  • only happen after big events
  • could spread mis information
  • disrespectful
• give the advantages of e-petitions 


  • very accessible
  • allows anyone to help to reform a law
  • don't need to pay
  • 10,000 signatures and parliament has to reply
  • 100,000 signatures and parliament considers topic for debate
• give the disadvantages of e-petitions 


  • not everyone has access to the internet
  • lacks clarity on where to find petitions
  • some petitions are absurd