law making-law reform

influences on law making

• political government policy

• public opinion and the media

• pressure group and lobbyist

• public enquiries and emergency situations

• law commission

political government policy

• programme of reforms will be set out in its party manifesto to persuade people to vote for it in the general election

• start of each parliamentary session the government announces particular laws it intends to introduce in its queen speech

human rights act 1998

fulfilled a labor manifesto commitment to incorporate the European Convention on human rights into UK law

public opinion and the media

• government may bow to strong public opinion about a change to the law

• often expressed via media on tv,newspapers etc-media adds free press and increases public awareness

voyeurism act 2019

made up-skirting a specific offence as a result of high profile case in the media which caused public outrage

pressure groups and lobbyists

organisation formed to bring their issues to the attention of the of the public and government

pressure groups seek to exert influence by

• lobbying(persuading) individual mps

• direct action e.g strikes

• petitions

• media and advertising to attract public sympathy

what happened to hunting act 2004

a campaign by the league against cruel sports led to ban to a ban on fox hunting

public enquiries and emergency situations

investigate issues of serious public concern,examining past events

commisioned by the government and investigated by independent panel

For example..

the cullen inquiry investigating the dunblane school shooting resulted in the firearms (amendment) act 1997 that banned handguns in the uk

emergency situstions

the coronavirus act 2020 enables the government to impose a national lockdown to prevent further spread of coronavirus

law commission

• keeps all english law under review and recommend reform when needed

• independent body created by the law commissions act 1965

aim of the law commission

ensure that law is fair,modern,simple and cost effective

what does the law commission consist of

a chair (high court) or appeal court) judge and 4 other commissioners who are experienced judges (barristers)(solicitors) or (academics)

appointed by the lord chancellor and secretary of state for justice for up to 5 years (appointments may be extended)

there are also support staff

consolidation

drawing together law contained in several acts into one act

this is needed as each statute sets out a small part of the total law

consolidation enables law to be made more accessible and logical

sentencing act 2020

drew together 65 different acts of parliament into one single sentencing code

repeal

removing outdated acts

• only parliament can repeal an act but the law commission can advise them such as the statute of marlborough 1267

codification

bring together all the law on one topic into one complete code of law to make the law simpler and easier to find

how the law commission works

• topics are referred by the lord chancellor on behalf of the government of the law commission may itself select areas in need

• law commission researches the area to identify a problem, may approach specialists, and look at how other legal systems deal with similar problems

• consultation paper is published for views on the ideas of reform(sets out existing law,arguments for and against the possible solution and inviting comments)

• law commission anal,yes the responses then a report is given with its final recommendations and proposals

law commission act 2009

places a requirement on the lord chancellor to report to parliament annually on the governments progress in implementing the law commissions report

recent successes of the law commission

consumer rights 2015-gives consumers the legal right to reject faulty goods and the right to a refund if they act within a reasonable time