law reform - pariamentary & judicial

How can judges reform the law

Through case law

What are 2 case examples of law reform

R v R

Ghaidan v Godin-Mendonza

What law did R v R reform

Sexual offences act 2003, amended to reflect non-consensual intercourse is still rape regardless of marital status

What law did Ghaidan v Godin-Mendonza reform

Homosexuals living in a long-term loving relationship should enjoy the same tenancy rights as heterosexual couples

Why is judicial change rare

Only deal with cases brought to them & aren’t able to enter into wide-range law reform

Parties involved in cases can’t afford to pursue reform

Unable to consult experts often

Unelected - undemocratic

Unable to make changes where precedent applies

How can parliament change laws

Repeal (remove)

Creation

Consolidation

Codification

What does consolidation mean

When a statute is created problems may arise over time & new legislation is enacted to amend it

What does codification mean

Brings together all the rules (case law & statute) into one statute

What are 6 reasons new acts of parliament would be made

Events

Budget

Media

Law reform agencies

Public opinion

ECHR

One example of events leading to new acts of parliament

9/11 lead to the anti-terrorism, crime, & security act 2001

How does the budget lead to new acts of parliament

Government expenditure changes in line with the needs of the country so a Finance bill is passed every year

One example of a law the media has reformed

Sarah’s law - s327 criminal justice act 2003

One example of a law public opinion reformed

Dangerous dogs act 1991

One example of a law the ECHR reformed

Goodwin v UK - gender recognition act 2004