law reform

• Influences on law making

  • Government manifesto
  • European union law i.e. Treaties (sex discrimination act 1986)
  • Every year laws
  • Law reform agencies
  • Public opinion/media
  • Pressure groups (age of homosexuality consent, civil partnership)
  • Specific events (anti terrorism, crime and security act 2001)
• Government manifesto (budget)


  1. The budget is approved every year

  2. The Government will be spending on schools, NHS, public services such as the police etc.
• European Union Law


  Laws that the EU (made up of 27 countries) passed, which were binding on member states as the EU court was above the supreme court
• European Union Law

  • Sex Discrimination Act 1968 which allowed for equal pay
• As part of our commitment to the EU

  We were forced to pass new law in line with the direction they wish to take
• Law reform agencies

  Permanent organisations whose only job is to suggest law reforms
• Law reform agencies

  • The Law Commission
• Law reform agencies

  • The Children's Act 1989 which now includes vulnerable adults
• Public opinion/media

  Media can be hugely influential as their campaigns are influenced by and can influence public opinion
• Media campaigns

  • Sarah's law
  • Winterbourne view care home
  • Dangerous dogs act 1991
  • Hillsborough
• Sarah's law


  1. Introduced following the abduction and murder of 8year old Sarah Payne by Poedophile Roy Whiting in 2000

  2. Aim was to protect children from such horrific acts in the future

  3. Changed the law on disclosure to allow people to find out if there is a registered sex offender in the area
• Winterbourne view care home


  Staff abusing members of residential hospitals by giving them cold showers, being left in the freezing cold, having mouthwash in their eyes etc.
• Dangerous dogs act 1991


  Introduced after lots of dog attacks mostly to children
• Hillsborough


  Collapsed stadium now means stadiums are now controlled
• Advantages of media influence

  • Issues of concern are raised - government may then introduce proposals
  • The media can lead and bring about public awareness and concern - people elect politicians and can push for these issues to be raised
  • Reach a wide audience e.g. social media
  • Highlights public opinion
• Disadvantages of media influence

  • Media sources are often not neutral or impartial e.g. they only show what they want you to see
  • Traditional media is a business - needs to make money to sell copies, so campaigning can be influenced by this. They often say things you want to share
  • Views and information shared on social media may be incorrect, offensive or unlawful
  • Can exaggerate and design to cause panic
• Sectional pressure groups


  Only represent their section of society e.g. trade unions, British Medical Association
• Cause pressure groups


  Promote their ideas/beliefs e.g. greenpeace, Just stop oil, BLM, Extinction rebellion
• Insider pressure groups


  Have direct contact with the government e.g. Royal college of nurses, National trust
• Outsider pressure groups


  No direct contact with the government so they have to resort to direct action to be heard e.g. Fathers4justice, Amnesty International, BLM
• Advantages of pressure groups

  • Can raise public awareness of an issue
  • Large groups have huge memberships which the government doesn't want to upset
  • Considerable detailed knowledge of their interest
  • Can do research/reports on their interested to help government policy
• Disadvantages of pressure groups

  • May be biased in favour of their particular cause and not be able to see an alternative post of view
  • Outsider groups may be prepared to use violence or criminal action to draw attention to their cause
  • Supporters of groups may also only represent a small portion of the population e.g. Countryside alliance with the fox hunting act
  • Influential groups may push through views that don't represent the public as a whole
• Law commission


  The law reform agency whose job is to check if the law needs changing
• Reasons laws need repealing

  • Not being diverse enough
  • Outdated laws
  • Technological changes
  • Laws may be discriminatory
  • Medical changes
• Law reform agencies


  • Permanent bodies whose main job is to reform the law
  • Created by the Law Commissions Act 1965
  • Full time independent body (cannot be influenced by anybody including the government and parliament)
  • 5 law commissioners employed for 5 years at a time who will research various areas of the law
  • Led by a chairman employed for 3 years at a time (role changes so more experts are brought in all the time)
• Anyone can propose a law reform
• Government may ask the law commission to investigate a reform, but the law commision can refuse if they want
• Law commission research

  1. Research the area of law

  2. Come back with a draft bill for Parliament to consider
• Role of the law commission

  • Repeal
  • Codify (codification)
  • Consolidate
  • Reform
• Repeal


  The Law Commission believes that Law in a particular area is outdated and decides to abolish it. Statute law (repeals) act acts as a dustbin to put all obsolete laws into one place
• Codify (codification)


  All statutes on one area are simplified
• Consolidate


  The commission suggests Parliament brings together under one Act all the existing statutory provisions previously located in several acts. The law itself remains unchanged, but those who use it can now find it all in one place.
• Reform


  Although Parliament are reluctant to do so, a few of the law commissioners proposals have been successful in bringing about reform to legislation
• Law Commission Act 2009

  1. Chairman of the Law Commission promoted as a Court of Appeal judge from a High Court judge

  2. When parliament chose not to implement a recommended reform, the Lord Chancellor now has to make a statement in parliament explaining why
• Reason for the Law Commission Act 2009

  Due to the unsuccessful nature of the law commission in later years
• The Law Commission Act 2009 was passed in order to make the Law Commission more influential