Law Reform

• Why do we need Law Reform? (1)

  — Allows for development of the Law - The law needs to develop to keep up with new technologies and changing social norms.

  — Remove (repeal) out of date statutes - Old acts that are no longer in use can be repealed so it ceases to be a law. Only Parliament can repeal a law.
• Why do we need Law Reform? (2)

  — Consolidation of related Acts - The aim of consolidation (of related acts) is to draw all the existing provisions together in the same Act.

  — Codification of all law on related topics - This involves bringing together all the law on the topic into one complete code of law. Simpler and easier to find.
• Composition of the Law Commission. (1)

  — Established in 1965 by the Law Commissions Act.

  — Full-time body and consists of a Chairman (high court or appeal court judge) and four other Commissioners (experienced judges, barristers, solicitors or teachers of law.)

  — Appointed by the Lord Chancellor and Secretary of State for Justice for up to five years, may be extended.
• Composition of the Law Commission. (2)

  — Commissioners are appointed on a full-time basis, but may undertake other work including judicial training or service.

  — Support staff, assist with research that the Commission carries out, two Parliamentary Draftsmen help with the drafting of proposed bills.

  — Current Chairman of the Law Commission is - Sir Nicolas Green, a court of appeal judge.
• Role of the Law Commission. (1)

  — Considers areas of law which are believed to be in need of reform.

  — S3 of the Law Commissions Act 1965 sets out the role of the Law Commission.
• Role of the Law Commissions (2)

  — Areas of law to be looked into may be REFERRED to the Law Commission by the Lord Chancellor on behalf of the Government or it may select areas in need of reform itself and seek governmental approval to draft a report of them.
• Role of the Law Commission (3)

  — The Law Commission will RESEARCH the area of law that is thought to be in need of reform. It then publishes its findings in a consultation paper.

  The Consultation Paper will:

  • Describe the current law.
  • Set out the problems with the current law.
  • Look at options for reform (maybe drawing comparisons with similar law in other countries).
• Role of the Law Commission (4)

  — The Law Commission will then draw up positive proposals for reform of an area of law following RESPONSE to their consultation paper.

  — These suggestions will be presented in a final report which will also set out the research that led to the conclusions. There will usually also be a draft bill attached to the report with the intention that this is the exact way in which the new law should be formed.

  — If Parliament like the suggested reforms they will then pass the bill through all the stages in both Houses to make it an actual law.
• Ways in which the law can be reformed.

  Repeal

  — Used to remove out of date laws, tidying up the statute book.

  — Law Commission advises which laws to repeal and will prepare a Statute Law Repeals Bill for Parliament to pass.

  — So far they have removed 2500 out of date Acts.

  EXAMPLE - The Statute Law repeals Bill: 20th Century proposed by the Law Commission listed 17 pages of Acts intended to repeal as a whole or repeal sections of it.
• Ways in which the law can be reformed.

  Codification

  — Involves bringing together all the laws on one topic on one area of law. E.g. Criminal Law into one source.

  — This can include legislation and common law.

  — Section 3 of the Law Commission Act 1965 states that codification is a specific part of the Law Commissions role.

  EXAMPLE - Draft Criminal Code 1989 was an attempt to codify all criminal law, but it was decided to codify small sections of the law together instead.
• Ways in which the law can be reformed.

  Consolidation

  — Law Commission produce 5 consolidation bills each year.

  — They are used to bring existing provisions into one area of law, from several Acts into one.

  — This tidies up the statute book, making it more accessible.

  EXAMPLE - Before 2020, sentencing acts was under many acts of Parliament, however it is now all under the Sentencing Act 2020.
• Influences on Parliament

  These influences will often change how Parliament makes or reforms laws.
• Influences on Parliament.

  Public Opinion

  — Where there is a strong public opinion about an issue, the government may bow to such opinion. Government likely to react to a large group of society who want a change. Particularly at time of general election.

  — Public opinion is likely to be a significant factor on government decision at the time of a major event.

  — Media is a way of channelling information to the public and can bring the public opinion to the attention of government.

  EXAMPLE - Sarah’s Law - media campaign to change law about sharing details on known sex offenders in an area.
• Influences on Parliament.

  Pressure Groups (1)

  Sectional Pressure Groups

  — Represent interests of a particular group of society, these can be trade unions which represent workers, Government interest in these groups will depend on how much membership they have.

  — Level of influence depends on supports given by government. If these types of groups are big they have more influence. This will allow access to consultations with MP’s on bills which may effect the group.

  EXAMPLE - British Medical Association
• Influences on Parliament.

  Pressure Groups (2)

  Cause Pressure Groups

  — Promote particular ideas or cause. Usually smaller than sectional pressure groups. Once they have promoted their cause they may dissolve.

  — Tend to be less influential than sectional groups. Use different tactics to get publicity E.g. publicity stunts. Because they are smaller it is less likely they will gain links with the government.

  EXAMPLE - National Union of Students. Campaigned against the rise of tuition fees.
• Influences on Parliament.

  Lobbyists

  — Where members of the public approach and try to speak MP’s in the lobbies. This is so they can try and persuade MP’s to support their cause.

  — Anybody can lobby an MP and is often used by Pressure groups to highlight their cause.

  — There are some professional lobbyists who do so on behalf of businesses, trade unions and charities. This type can have significant influence on policy making.

  — The usual type of lobbying is to persuade an MP to ask a question in the House of Commons so that the issue can become public.
• Influences on Parliament.

  Politics / Party Manifesto

  — If a political party is taking part in the general election they will create a manifesto.

  — This is a list of reforms they intend to carry out.

  — Whichever party becomes government at the end of the general election has 5 years to bring in the reforms they promised.

  — Usually once every year there is an opening of each session of Parliament where the government announces plans for new laws. PM will write a speech for the King to do so.

  EXAMPLE - Marriage (Same Sex Couples) Act 2013.
• Ao3 - Politics / Party Manifesto

  Advantage - Party Manifesto, this is because when a political party is running for government, they have their manifesto which they have told the public about.


  DP- This is an advantage because the public knows what the political party wishes to do if they get into government.

  WDP- This is an advantage because if the Party gets into government they will have a majority, meaning that virtually all the laws it proposes will be passed, government is reflecting the majority of the electorate.
• Ao3 - Politics / Party Manifesto

  Disadvantage - Change in Government. this is because after a particular political party has served in government for a term, a different party might be elected next time.


  DP- This is a disadvantage because the new government may decide to repeal or alter some of the laws that the previous government has passed, because their policies are likely to be different.

  WDP- Disadvantage because this is an expensive process at the cost of the taxpayer.
• Ao3 - Public Opinion

  Advantage - Specific Events. This is because public opinion will be effected by specific events which may them effect the law.


  DP- This is an advantage because an event is likely to sway the government to make a change, otherwise they will seek backlash from the press and the public.

  WDP- Dunblane Massacre 1996, the shooting of 16 children caused the government to ban the private ownership of most hand guns.
• Ao3 - Public Opinion

  Advantage - Free Press. This is because the UK has a free press meaning that they are able to criticise the government.


  DP- An advantage because the criticism will often bring to attention certain events to the government promoting them to make changes where it is needed.

  WDP- 2009 Expenses Scandal, expenses claims by certain MP‘s were published in the press. These caused public outrage which caused the government to reform the whole system.
• Ao3 - Public Opinion

  Disadvantages - Quick decisions. This is because a government may respond too quickly to an event in an attempt to keep public support.


  DP- decision may not have been thought through properly. Media can easily manipulate the public to believe something which results in a law change.

  WDP- Dangerous Dogs Act 1991, The purpose of the Act has consequently failed after the Act was rushed and not thought through properly. The wording has also been criticised resulting in lots of amendments being made.
• Ao3 - Pressure Groups

  Advantage - Large Groups. 


  DP- This is because some pressure groups have a large amount of people signed up E.g. National Trust.

  WDP- This is an advantage because they can influence government decisions which effect a large amount of society.
• Ao3 - Pressure Groups

  Advantage - Important Issues.


  DP- This is because pressure groups are made up of people who share an interest and often raise important issues.

  WDP- An advantage because these issues may have been overlooked by government if they were not highlighted by pressure groups.
• Ao3 - Pressure Groups

  Disadvantage - Minority of the Public


  DP- This is because often pressure groups do not represent the majority of society.

  WDP- A disadvantage because they are seeking to impose their ideas even when the majority of the public do not agree with these views.
• Ao3 - Pressure Groups

  Disadvantage - Conflicts. This is because it is often the case that two different pressure groups have a difference of opinion.


  DP- Disadvantage because this causes a conflict and could result in one group not getting their views considered in the law making process.

  WDP- Hunting Act 2004, this happened when the fox hunting ban was considered. The League Against Cruel Sports wanted it banned, but the Country Alliance wanted it to be allowed to continue.
• Ao3 - Lobbyists

  Advantage - Anyone can do it. 


  DP- This is because it is a system which can be used by anyone, even individuals.

  WDP- Advantage because it is a system which allows even minority groups to present their views, which can then be taken into account when the law is being made.
• Ao3 - Lobbyists

  Advantage - Bring issues to the attention of MP’s


  DP- This is because professional pressure groups will be able to present their interest to the government and convince them it is an area of law that needs looking at.

  WDP- Advantage, may lead to a debate in Parliament.
• Ao3 - Lobbyists

  Disadvantages - Abuse of System.


  DP- Professional lobbyists can lead to an abuse of the process.

  WDP- Disadvantage because financially successful people may have more of an influence over law making compared to someone who is not professional. This is a disadvantage because it does not take into account the importance of the matter.