influences on parliament and law reform

• what is law reform?

  the law must be reviewed regularly to ensure that it provides justice and is clear and accessible to the public. as society changes laws should be updated to make sure they fit with modern times.
• why is law reform needed?

  some old laws may no longer be relevant in today's society. other laws may need to be amended so that they fit modern society e.g. communications offences now need to consider the internet and social media and bodily harm now includes mental harm.
• what is a general election?

  each political party will have their own policies written in a manifesto before a general election which has to be called every 5 years. a manifesto persuades people to vote for the political party.
• what are the advantages of a general election?

  the public have knowledge and understanding of what the party they are voting for intend to do. this is important in a democracy and a manifesto allows voters to make an informed decision and have a say in law making
• what are the disadvantages of a manifesto in a general election?

  if a new government are elected they can repeal old laws and acts which leads to uncertainty and wastes time and money
• political influence - government passing intended policies

  when elected into government politicians will try and pass the policies that they promised in the manifesto. they will try and make them for example in 2019 the conservative manifesto promised to pass Brexit.
• advantages of government passing intended policies

  a manifesto holds the government accountable to the electorate. they wont be reelected if they don't make the laws that they promised. they want to please the public which means that they will stick to what they have said which can lead to certainty within the law.
• disadvantages of government sticking to laws promised in the manifesto

  if the government has a small majority then it can be difficult to pass the laws promised in the manifesto. this causes uncertainty and may make the public lose faith in the government
• political influence - the king's speech

  the government will announce the laws it wants to introduce in the king's speech.
• kings speech - advantages

  if the government has a large majority then it's easy for laws to be passed. this speeds up the law making process and allows for laws to be applied quickly and easily.
• kings speech - disadvantages

  if they have a large majority then they can quickly pass laws even if they are unpopular and not in the favor of the public.
• Prime Minister speech during parliamentary sessions

  the prime minister writes the speech and the king reads this out at the beginning of a parliamentary session which is usually every 12 months
• prime minister writing the speech - advantages

  it ensures that the laws are being made. The king's speech sets targets for the government to pass certain laws in the next year.
• prime minister writing the speech - disadvantages

  the government doesn't always stick to their manifesto. for example, things can be unforeseen which causes them to go off their manifesto which causes uncertainty within the public.
• strong public opinion - advantages and disadvantages

  a strong public opinion can lead to a change in the law. the government wants to be reelected and therefore want to remain popular to their voters. the government are likely to respond and listen to the public so that they will be voted for again. however, the government may have a knee jerk reaction and quickly pass a law that is poorly drafted e.g the dangerous dogs act 1991
• the impact of media on law reform - advantages and disadvantages

  The media help to highlight the issues that the public are concerned about. The media includes the internet televisions radio etc. One advantage is that they are powerful which can lead to changes in the law which protect the public. for example, the banning of handguns came from media coverage of gun crime. however, the media can cause moral panics which can be dangerous. for example, their name and shame campaign led to people attacking each other on the street because they thought that they were paedos.
• the influence of media campaigns on law reform - advantages and disadvantages

  Media campaigns such as Clare's law and the Dunblane disaster campaign have led to changes in the law. One reason why is that press freedom is essential in a democracy and comes under Article 10 ECHR. these campaigns also allow for the government to be criticised for mistakes made which allows for necessary changes to be made. however, they also choose which issues are talked about which means certain ones are underreported which could cause them to go unnoticed
• public outrage - advantages and disadvantages

  The media published details of the 2009 expense claims made by MPs and this caused public outrage. this then led parliament to reform the whole expenses system.
• pressure groups - advantages and disadvantages

  a group that has a particular interest and brings attention from the government to public matters. they can increase public awareness and enhance democracy. it also allows people to join a cause and vote for which political party supports their beliefs. however, they can sometimes be illegal. for example, animal activists could cause disruption to the police which reduces their costs and it may be offensive to the majority. for example, the EDL is not taken seriously by the government
• what are some examples of pressure groups?

  amnesty for human rights - greenpeace - trade unions - PETA for animal rights
• what are some advantages and disadvantages of these pressure groups?


  it can lead to changes for the environment. For example the peta group led to plastic straws being banned because they put pressure on the government to use less plastic. However they may be biased in their opinions and may not present a valid argument
• sectional pressure groups advantages and disadvantages

  a sectional pressure group represents the interests of a particular section within society. for example, the BMA represents doctors. this allows for minority groups to have a voice in law making as they can raise their concerns and create awareness. Their local mp may support their cause because of this. however, the majority of the public may not support their views or there may be strong clashes between groups
• cause pressure groups advantages and disadvantages

  a cause group is a group that promotes a particular cause for example the environment. They are useful because large pressure groups are particularly powerful with trade unions being so powerful that they have negotiated larger pay slips. however wealthy groups may have inside links with the government which means they have more power and will be taken more seriously. this means they may overtake the opinions of smaller groups and they will be ignored.
• lobbyists advantages and disadvantages

  some people try to persuade individual MPs to support their cause. the name lobbyist comes from the public meeting the MP in the lobby of the House of Commons to discuss their ideas. lobbyists encourage the public to be more politically active and to voice their concerns. it allows them to participate in democracy and hold MPs accountable to the electorate. however, this power can be abused. for example MPS can be given money to ask questions in parliament.
• any individual allowed to lobby - advantage and disadvantage

  any individual person can lobby their MP and pressure groups can also lobby MPs. most lobbying is done by professional lobbyists on behalf of trade unions businesses and charities. this allows for an individual to have access to MPs and the law making process for free. however, they have little power and influence over MPS as big companies are more likely to be listened to.
• lobbyists asking to promote a bill advantage and disadvantage

  the lobbyist can also try to persuade an MP to promote a bill. this is good because an MP may not realise an issue until it is raised by an individual. They can bring it to parliament's attention and that if the media. however, it is based on the needs of the minority and not the majority. the issue being raised may not affect the majority of people which means it is likely to be overlooked.
• the law commission

  The Law Commission get its powers from the Law Commission Act 1965 and the Law Commission Act 2009. however, the commission was set up in 1965.
• what does the law commission do?

  they consider areas of law that are believed to need reforming. they receive and consider proposals for law reform and consult relevant parties. they also put forward reform proposals. they use the processes of repeal consolidation in codification to reform laws
• what is a repeal?


  this is used to remove out of date statutes. The Statute Law Repeals Act 2015 proposed the repeal of over 200 outdated acts of parliament
• what is consolidation?

  this is used to draw all the existing provisions together in one act where it is currently found in a number of smaller provisions e.g. the Family Law Act 1996
• what is codification?


  this is used to bring together all the laws on one topic into one source. for example the theft act 1968 was an attempt at codification of property offences whereas the draft criminal code 1985 and the full code 1989 were attempts to codify all of criminal law
• what are the four ways that the law commission carries out their work?

  referral - research - consultation - proposals for reform
• what is a referral?


  this is when topics may be referred to by the lord chancellor on behalf of the government or it may itself select areas in need of reform
• how is research used in the law commission?

  the lord chancellor researches the area of law in need of reform and publishes a consultation paper detailing the issues
• What is consultation?

  a consultation paper will describe the current law, set out the problems and look at options for reform
• what are proposals for reform?


  these will be presented in a report which will also set out the research that led to the conclusions. there will often be a draft bill attached to the report
• what are some examples of reports that have become law?

  corporate manslaughter act 2007 - consumer rights act 2015
• advantage of law commission - impartiality

  areas of law are researched by legal experts. they are independent and don't have a political motive which means they report details on why the law needs to be changed and they help Parliament by setting out clear proposals. this is often done in the form of a draft bill. this means that rules can be made impartially without bias.
• advantage of law commission - public protection

  they can draw parliament's attention to out of date laws. these reports can lead to the modernisation of laws for example the Consumer Rights Act 2015. this ensures that the public is protected from unsafe and outdated laws.
• advantage of law commission - generalisability

  they consult many people and bodies when researching the law. this allows them to get a range of views and data before making any decisions. this shows that they are aiming to make the law clearer and fairer because it can be applied to many people as multiple opinions have been heard. for example, codifying the law makes it easier for the public to understand.