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Law Reform
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Cards (36)
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Why are some laws repealed?
Generally, law is repealed because it is
obsolete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?
Judges
Parliament
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?
Create
Repeal
Consolidation
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?
The
Government
Response
to
events
Human
Rights
Act
1998
Individual
MPs
Europe
(
EU
) N/A anymore
What non-political influences on Parliament are there?
Online
petitions
Public
opinion
The
media
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?
Cause groups
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