Law reform

• What is the process of changing the law known as?

  Law reform
• Why is law reform carried out?

  To keep up with society's changing attitudes
• What are some reasons for law reform?

  To reflect new governments' manifestos
• What are some reasons for law reform?

  To meet new needs
• What are some reasons for law reform?

  To change outdated laws
• What are some reasons for law reform?

  To respond to societies demands
• What are some reasons for law reform?

  To bring new case laws into statute
• Why might law reform aim to bring new case laws into statute?

  To decrease uncertainty
• How must the law be changed by Parliament?

  Via repealing, creating, codification or consolidation
• How can the public influence Parliament to make changes to the law?

  Through the media, petitions or pressure groups
• What does public influence on Parliament support?

  Democracy
• What does public influence allow the public to have?

  A say in important matters
• What legal change is Luke trying to bring about?

  Mandating P plates and passenger restrictions for new drivers
• What time frame does Luke want the passenger restrictions for new drivers to apply?

  Between the hours of 8pm and 6am
• How can laws be made via judicial change?

  Requires a case to be in the Supreme Court
• How can laws be made via judicial change?

  Requires a case to be in the Court of Appeal
• Why is judicial change rare?

  Courts take large amounts of time
• Why is judicial change rare?

  Courts require large amounts of money
• What do decisions made by judges create?

  Judicial precedent
• Which courts does judicial precedent bind?

  All lower courts
• Under what conditions can judges depart from their previous decisions?

  As per the Practice Statement 1966
• Under what conditions can judges depart from their previous decisions?

  As per Young v Bristol Aeroplane Co
• Why are judges reluctant to impose their own views to cases?

  Judges are not elected democratically
• Why are judges reluctant to impose their own views to cases?

  Due to parliamentary sovereignty
• Why are judges reluctant to impose their own views to cases?

  Due to the separation of powers
• In which case were marital rape exemptions overturned?

  R v R
• What was held in R v R?

  The defendant was still guilty of a rape offence
• What type of effect do judicial precedents have?

  Retrospective and reactive effect
• Why is it unlikely Luke achieving his desired legislation via judicial change?

  Judges are not experts in all areas of law
• Why is it unlikely Luke achieving his desired legislation via judicial change?

  Judges cannot carry out research
• Why is it unlikely Luke achieving his desired legislation via judicial change?

  Judges cannot carry out consultation
• What can Luke do by approaching his local member of Parliament?

  They could take his ideas to Parliament
• What is the form called where an MP takes ideas to Parliament?

  Private Members' Bill
• How many MPs are selected from a ballot to propose their Bill to Parliament?

  20
• Why are Private Members' Bills rarely enacted?

  The MPs only get a short allocated time
• What chance does Luke have at succeeding with a Private Members' Bill?

  A very small chance
• Through Parliament, what actions can be taken regarding laws?

  • Repealed
  • Consolidated
  • Codified
  • Created
• What did the Abortion Act 1967 legalise?

  Abortion in England and Wales
• What is repealing laws?

  When old and out of date laws are removed
• Why is repealing laws helpful?

  Helps for laws to stay up to date