Law AS Level - Law Reform

For Eduqas!!!!

List 3 reasons why law reform is needed.

• old / obsolete laws

• inequality

• public demand

• to streamline successive statutes on the same subject

• economic change

• government’s legislative agenda

• significant events (e.g. 9/11 → Anti-Terrorism, Crime and Security Act 2001)

• to put case laws into statutes

• media (e.g. Sarah Payne)

List the 7 methods of law reform.

1. judicial change

2. parliament

3. public enquiries

4. private members’ bills

5. law commission

6. pressure groups

7. royal commission

What are the 4 methods of Parliamentary Law Reform?

Repeal, creation, consolidation and codification

Repeal

Process by which Parliament removes old / obsolete laws

Creation

Parliament makes completely new laws or adapts existing laws to meet public demand.

Consolidation

Successive statutes (on the same topic) brought together into one new Act of Parliament.

Codification

A large body of case law / statutes develops over time so Parliament brings them all into one Act to increase certainty.

R v R

man broke into the house where his estranged wife was staying and forced her to have sex with him

What was the outcome in R v R?

a husband having non-consexual sex with his wife is rape (status of women has changed). Sexual Offences Act 2003 changed to reflect this.

Ghaidan v Godin-Mendoza

G-M lived with his male partner in his partner’s flat. Partner died and landlord (G) tried to reclaim the flat (wouldn’t have happened if they were straight).

What was the outcome in Ghaidan v Godin-Mendoza?

Homosexual couples in a long-term loving relationship should have the same tenancy rights as heterosexual couples.

What is the role of the law commission?

To keep the law under review and recommend reform if / when needed (S3 Law Commission Act 1965)

What is the SLR (Statute Law Revision) Team?

A group charged with identifying and researching obsolete statutes

What does the SLR do once they identify a statute no longer needed?

• produce a report and draft bill

• present it to the MoJ

• introduce it to Parliament via fast track

• Go through a committee

What did Sir James Munby say the Law Commission is committed to?

making sure laws are relevant to the modern world

List 3 advantages of the Law Commission.

• Prevents confusion

• Removes ‘dead wood’

• Saves time & money

• Simplifies the law

• Helps democracy and rule of law

What are pressure groups?

Organisations that seek to change the law based on the views and opinions of their members. They’re split into interest and cause groups.

What are interest groups?

Pressure groups representing a particular section of society (e.g. Stonewall, BMA, the law society)

What are cause groups?

Pressure groups sharing a view or attitude with membership open to all (e.g. the RSPB, WWF)

What are Royal Commissions?

A type of temporary advisory committee set up to investigate a specific area of law (e.g. police procedure)

Public Enquiries

Major investigations led by a senior judge to investigate matters of public concern, e.g. Grenfell Tower & COVID-19