Law Reform

• Law Reform: how do government affect it?

  Create manifestos that list their pledges
• Law Reform: how does Parliament affect it?

  Creates/amends

  Repeals laws: Statute Law (Repeals) Act 2018.

  Codification: Bringing together Acts and Case Law - Police and Criminal Evidence Act 1984.

  Consolidation: Bringing together Acts - Equality Act 2010 brought together over 116 separate Acts.
• Law Reform: how do judges affect it?

  Judges make changes to the law through statutory interpretation and the creation of original precedent e.g. Donoghue v Stevenson 1932
• Law Reform: how do pressure groups affect it?

  Surfers Against Sewage, Amnesty International and Fathers 4 Justice. Pressure groups can be single or multi-purpose, permanent or ad hoc and they use a variety of tactics. E.g. Snowdrop Campaign
• Law Reform: how does the media and public opinion affect it?

  Media pressure helped secure a judicial inquiry into the handling of the killing of Stephen Lawrence.

  Dangerous Dogs Act 1991 was brought in after several highly-publicised dog attacks. Knee jerk reaction, responded too quickly 6 weeks.

  After Sarah Payne’s murder the News of the World campaign 2000 helped lead to Sarah’s Law
• Law Reform: how do inquiries affect it?

  One-off temporary committees set up in response to a significant tragedy/event. E.g. Litvinenko Inquiry (2016)
• Law Reform: how do E-petitions affect it?

  10,000 signatures – the government will respond.

  100,000 signatures – the government will consider it for debate in Parliament.

  E.g. Call for another election (2.8 million signatures) only 4 months after
• Law Reform: the effectiveness of Government + Parliament

  +Powerful, its Parliaments role to create/ repeal/ codify/ consolidate. E.g. S of P (Montesquieu) + P.S (A.V Dicey)

  - Governments are concerned with politically motivated areas, (education, NHS, immigration etc.) not reforming the law.

  - Governments not bound to follow election manifesto pledges. E.g. Lib Dem Tuition fee pledge 2010

  - Knee-jerk reactions can cause complicated, unsuitable laws:

  Dangerous Dogs Act 1991
• Law Reform: the effectiveness of judicial influence

  + React to live events, so the law is kept up to date. E.g. R v R 1991

  + Try to improve / modernise acts through Statutory interpretation. E.g. Quintivalle 2003

  -reactive (can only do something once a case comes before you).

  -undemocratic E.g. S of P (Montesquieu)

  -slow to change E.g. R v R 1991
• Law Reform: the effectiveness of pressure groups

  + Allows minority groups to be represented and gain publicity for their shared cause

  + easily able to recruit, bigger = more powerful. E.g. Snowdrop Campaign

  -Parliament doesn't always respond quickly. Just Stop Oil

  -Tactics are not always positive. E.g. Just stop oil football protest
• Law Reform: the effectiveness of Media & Public Opinion

  + Effective at raising nationwide awareness of issues. E.g. Sarah's Law / Stephen Lawrence

  -knee-jerk reactions. E.g. Anti terrorism crime and security act 2001

  +Modern speed and accessibility of sharing information (social media)

  -false info and hysteria
• Law Reform: the effectiveness of inquiries

  + Thorough review that always leads to reforms. E.g. the Litvinenko Inquiry (2016)

  -Requires a significant event, reactive not proactive. E.g. Shipman Inquiry (2005)
• Law Reform: the effectiveness of petitions

  + Easy and quick / low effort. Specific requirement by Government / Parliament to act, meaning only petitions with mass support are reacted to. E.g. Call for Another Election 2024

  -Requires large amount of signatures to have a debate, good suggestions may not gain necessary publicity to gain a response. E.g. 10,000 and 100,000. Public awareness is key
• Law Reform: who said that "outside of Parliament and Government, no body has had greater impact on the law and the lives of our citizens than the Law Commission since 1965.”

  Sir Etherington
• Law Reform: what act in England and Wales set up the Law Commission?

  Law Commissions Act 1965
• Law Reform: describe the composition of the Law Commission?

  Permanent, full-time independent law reform body.

  Five Commissioners & Chairperson

  The Chairperson - either High Court or Appeal Court Judge (sits for 3 years max.)

  The Commissioners - Experienced judges, barristers, solicitors or teachers of law (sit for 5 years - renewable).
• Law reform: the Law Commission are both what?

  Proactive and Reactive
• Law reform: define proactive in terms of the Law Commission

  decides what areas of law to consider
• Law reform: define reactive in terms of the Law Commission


  Respond to government requests to investigate law reform possibilities in a particular area.
• Law reform: what is the criteria for review by the law commission?

  • Importance – the extent to which to law would benefit from reform.
  • Suitability – whether the Law Commission is a suitable body to conduct the review.
  • Resources – valid experience of Commissioners and staff, funding available, and whether the project meets the requirements of the programme.
• Law reform: s3 Law Commissions Act 1965 says the Law Commission's role is to what?

  Repeal archaic and unnecessary laws

  codify & consolidate laws

  fix anomalies

  Simplify and modernise the law.0
• Law reform: under the repeal role of the law commission, the Statute Law (Repeals) Act 2013 repealed how many Acts and parts?


  817 whole Acts and 50 parts
• Law reform: under the codification role of the law commission, name an example


  Draft Criminal Code 1989
• Law reform: under the consolidation role of the law commission, name an example


  The Charities Act 2011
• Law reform: name the advantages and disadvantages of the consolidation and codification role of the law commission

  +

  increases accessibility, consistency and certainty as the law is contained in one place.

  -

  Could make law too rigid and unable to respond to change.

  It rarely stays as a single document for long.
• Law reform: between 1965-75 what percentage of Law Commission proposals were enacted by Parliament?

  85%
• Law reform: between 1975-85 what percentage of Law Commission proposals were enacted by Parliament?

  About 50%, e.g. Criminal Attempt Act 1981 and the Occupiers Liability Act 1984
• Law reform: in 1990 what percentage of Law Commission proposals were enacted by Parliament?

  none
• Law reform: in 1992 what percentage of Law Commission proposals were enacted by Parliament?

  There was a backlog of 36 bills
• Law reform: in 2013 what percentage of Law Commission proposals were enacted by Parliament?


  about 70%
• Law reform: since 2018 what percentage of Law Commission proposals have been enacted by Parliament?


  only 4%
• Law reform: name the key conclusions of the Halliday Report 2003 into the effectiveness of the law commission?


  The Law Commission’s contribution to law making was held in very high esteem

  Criticism centres on the lack of implementation
• Law reform: what was the "new protocol" introduced under the Law Commission Act 2009?


  Lord Chancellor has a duty to report annually to Parliament on the implementation of Commission proposals

  Government departments have to respond within 6 months of a Commission proposal and issue a full response with a year.