Law Reform

• Why is law reform needed?

  It is important to keep the law under review
• Why are some laws repealed?

  Generally, law is repealed because it is obsolete
• In which ways can law be changed?

  1. Judges
  2. Parliament
  3. Various Law-Reform bodies
• How do judges play a part in reforming the law?

  Judges adapt old decisions to new situations. Reform is brought about through judicial precedent.
• What is an example of Common Law?

  R v R (1991)

  Marital Rape was included as an offence in the Sexual Offences Act 2003
• Who carries out the majority of law reform?

  Parliament
• How do government proposals become Acts?

  Parliament votes on them
• In which ways can Parliament reform the law?

  1. Create
  2. Repeal
  3. Consolidation
  4. Codification
• What does it mean for Parliament to create new law?

  New laws are created in response to public demand or because of pressure from another group
• What does it mean for Parliament to repeal law?


  This is where old and obsolete laws are abolished
• What does consolidation mean?

  Consolidation brings together successive statutes on the same subject into one Act of Parliament
• What does codification mean?

  Codification is where a large body of case law and statute is brought together in one new statute
• What two types of influences on Parliament are there for reform?

  Political and Non-Political
• What political influences on Parliament are there?

  1. The Government
  2. Response to events
  3. Human Rights Act 1998
  4. Individual MPs
  5. Europe (EU) N/A anymore
• What non-political influences on Parliament are there?

  1. Online petitions
  2. Public opinion
  3. The media
  4. Pressure groups
• How does the government influence law reform?

  The government controls the parliamentary timetable so largely determines what laws are passed
• How do events influence law reform?

  Unexpected events which the government may not have foreseen can encourage the government to pass new laws
• How does the Human Rights Act influence law reform?

  Decisions made in the European Court of Human Rights can trigger parliamentary law reform
• How do individual MPs influence law reform?

  MPs are able to introduce bills into Parliament (only 10% ever become law)
• What is an example of a law passed because of an individual MP?

  The Abortion Act 1967 - a result of David Steel's private members' bill
• How does Europe/EU influence law reform?

  Membership of the EU used to be a political influence on UK law. Some EU laws are now being converted to British law.
• How do online petitions influence law reform?

  If a petition gets 10,000 signatures, the government will provide a response. But, ultimately, petitions simply raise awareness and highlight key issues
• How does public opinion influence law reform?

  Any member of the public can express concerns by writing to their MP
• What is an example of public opinion resulting in law reform?

  Public concern resulted in the Dangerous Dogs Act 1991
• How does the media influence law reform?

  The media can be used to highlight issues of great public concern
• What is an example of media-influenced law?

  "Sarah's Law" (Criminal Justice Act 2003) - information on convicted sex offenders must be disclosed
• What is a pressure group?

  A body with a shared interest in getting Parliament to change an area of the law
• How do pressure groups influence law reform?

  They gain much publicity for their cause and put lots of pressure on governments. They are also used as consultative groups for new laws
• What are the two types of pressure groups?

  1. Cause groups
  2. Sectional or Interest groups
• What are cause groups?

  Cause groups promote a particular idea or belief, and are often associated with charities. E.g - Shelter
• What is an example of a success by a cause group?

  Change for the homeless by Shelter - Housing (Homeless Persons) Act 1977
• What are sectional or interest groups?

  Organisations which are concerned with the interests of their specific members. E.g - Trade Unions
• What (peaceful) tactics do pressure groups use?

  • Letters
  • Protest marches
  • Lobbying
  • Petitions
  • Publicity and media attention
• Which (illegal) tactics do pressure groups use?

  • civil disobedience
  • criminal damage
  • rioting
• How are pressure group effective in reforming the law?

  • Enhance democracy and engagement in politics
  • Facilitate public discussion on key issues
  • Inform governments
  • Make political parties more responsive to the public
  • Enhance freedom of expression
  • Raises public awareness and educates
• How are pressure groups ineffective in reforming the law?

  • Only provide a one-sided view of a issue
  • They are unelected but influence government (undemocratic?)
  • The use of direct action can be illegal