Law Reform

• Influences on Law Reform:

  • Government Policy/Manifesto Promises
  • if a political party is taking part in the general election they will create a manifesto. This will be a list of reforms that they intend to carry out if they were to get into Government. - persuades the public to vote for them
  • e.g. Human Rights Act 1998 - this fulfilled the Labour Party's 1997 election manifesto to 'bring rights home'
• Influences on Law Reform:

  • Private Members' Bills
  • an individual MPs ideas or proposals for a new law can result in it becoming an actual law if they get enough support behind their decision
  • e.g. The Abortion Act 1967 - MP David Steel introduced the prospect of legalising abortion in UK under Private Members' Bill.
• Influences on Law Reform:

  • Pressure Groups and Lobbyists
  • pressure group - try to influence politics by campaigning for an interest, concern or opinions
  • Sectional Pressure Groups - represent the interests of a particular group - usually big and have more influence on politics
  • e.g. Royal College of Nursing - campaigned for pay rises for their members - nurses strike
• Influences on Law Reform:

  • Cause Pressure Groups - promote particular idea or causes - usually smaller
  • e.g. Stonewall - successfully campaigned for the repeal of S28 of the Local Government Act 1988 which banned teaching of homosexuality - removed in the Local Government Act 2003
• Influences on Law Reform:

  • Lobbying - member of public try to speak with MPs in the lobbies
  • can be used by pressure groups or professional lobbyists on behalf of businesses, trade unions and charities etc.
• Influences on Law Reform:

  • Public Inquiries
  • established in response to a serious incident or event that caused significant public concern - can lead to law being changed
  • Cullen Report - public inquiry into the Dunblane massacre. its finding led to the Firearms Amendment Act 1997
• Influences on Law Reform:

  • Emergency Situations
  • parliament can respond to worldwide events by passing emergency legislation
  • e.g. the Anti-Terrorism, Crime and Security Act 2001 - emergency response to the terrorist attacks upon the World Trade Centre in 2001
• Advantages of Parliament Influences on law making:

  • can lead to significant changes in the law
  • apply pressure to MPs to change the law - highlight issues effectively + encourage significant law change
  • lobbying allows people to directly access MPs and speak about their opinion
  • highlight public opinion on a particular area of concern to parliament
  • influences raise awareness of public issues through campaigns + responses - easy for parliament to see
  • MP David Steel put forward the Abortion Act based on change in public opinion
• Advantages of Parliament Influences on law making:

  • provide expert knowledge to law change
  • members of the influences are often experts in the specific area of law + can advise and create detailed + technical ideas for law change
  • sectional pressure groups - royal college of nursing is a trade union which campaigned for pay rises for nurses
  • some are independent from parliament so provide unbiased opinion
  • independent bodies cannot be influences by government - free from bias
  • pressure groups are independent - Stonewall - Local Government Act 1988 was removed
• Disadvantages of influences on law making:

  • not representative of public opinion
  • some influences only promote their own interests and do not consider alternative views
  • cause pressure groups - fox hunting + countryside alliance are only promoting their own interests
  • do not lead to actual changes in the law
  • parliament do not always respond to particular influences for law change due to law of time + interest
  • Lobbying - MPs don't have to speak to individuals - doesn't lead to changes in the law
• Disadvantages of influences on law making:

  • waste of time and money as they do not always lead to change
  • can be expensive and take several years to produce suggestions for law reform + parliament might not accept the proposals
  • lobbying - rarely results in change in law - not successful in their pursuit
  • campaigning of influence can lead to a knee-jerk reaction in changing the law by parliament
  • they sometimes create emergency legislation that is rushed and contains errors
  • Dangerous Dogs Act 1991 - format of the law has not led to a reduction in attacks due to it being breed specific
• The Law Commission:

  • Formal, full time law reform body established in 1965 by the Law Commission Act 1965
  • consists of chairperson - high court or appeal court judge
  • four other commissioners - experienced judges, barristers, solicitors or teachers of law
• Role of the Law Commission:

  • S3 Law Commission Act 1965 - main role is to keep the law of England + Wales under review and to recommend reform where it is needed
• Ways the law can be reformed:

  • Repeal - can remove out of date laws to simplify + update the law
  • Consolidation - several different Acts are put into one new Act to simplify the law
  • Codification - involves bringing together all the laws on one topic on one area of law - this can include legislation + common law
• How the law commision reform the law:

  • Refer - areas of law to be investigated may be referred to law law commision by
  • the Lord Chancellor
  • the Law Commission itself - ask government for permission
  • Research - re search the area of law + then publishes its findings in a consultation paper - describes current law: sets out problems: options for reform
  • Respond - draw up positive proposals follow response to their consultation paper + draft bill attached to the report
• Acts based on Law Commission Reports:

  • Law commission Act 2009 - requires the Lord Chancellor to report to parliament annually on the government progress on implementing reports 2. there is a dedicated parliamentary procedure to implement law commission reports that has operated since 2010 + six Acts have passed through this procedure
  • e.g. Sentencing Act 2020 - this report (the Sentencing Code 2018) suggested bringing all the sentencing laws for different acts all into one new Act