SA P1

Describe how the Law Commission is an Influence on the law making process

• independent, permanent body set up in 1965 by the law commission act . their role under s.3(1) is to keep the law under review

• does it using 4 commissioners + 1 chairman (HC Judge)

  • each commissioner has a team to see how to make the law better, do this by:

    1. Codifying the law: bringing together in one act of parliament by drafting a bill eg; law of murder and homicide (06)

    2. Consolidation: bringing together all laws contained in diff statutes eg: education act 1996

    3. Repeal: removes laws of no further use

• can investigate referrals, parliament can direct it to carry out work on its behalf, academics may be talking abt area of law they think needs changing causing LC to look at it eg: criminal attempts act 1981

Describe how the Law Commission is an Influence on the law making process

• ADV & DISADV

ADV:

1. Makes good law, able to be thorough and is well informed

2. Independent: away from gov, removes political bias

3. Self investigation: dont have to wait for parliament

4. Expertise: successful and knowledgeable

5. Resesrch: carries out a lot

DISADV:

1. Does not have to consult: gov has no obligation to consult when it implements law

2. Has no obligation to follow what they LC suggests: coould do yeard worth of work and the gov may not like it so don’t implement it

   • 1/3 of work not used

3. Lengthy investigations: gov could move on, new gov with diff objectives in manfiestio

4. Lack of thoroughness

Describe how Pressure Groups are an Influence on the law making process

• variety of methods, use media to their adv

types of pressure groups

1. sectional pressure groups eg: national union of teachers

   • exist to further interests of a section of society

   • degree of influence relies on gov support which will come from the political that the current gov sits

   • larger groups more supported = larger section of soc

   • direct access to MPs

2. cause : rep num of ideals/belief eg: RSPCA

   • likely to be smaller = less influence

   • less likely to be consulted or have gov links

   • Sarah’s law: Sex offenders act 1997

   • RSPCA: Animal welfare act 2006

   • Jamie Oliver: Better school meals 2007

Describe how Pressure Groups are an Influence on the law making process

• ADV + DISADV

ADV

1. Huge memberships: bigger than political parties themselves, therefore able to influence voting hugely

2. Expertise: RSPCA - num of vets, animal welfare experts

3. Increase parliamentary awareness

4. Raise public awareness

DISADV

1. Passionately held views: could lead to dishonest tactics eg: hunting w dogs act, pro and anti campaigners used violence to beat each other

2. One sided: bias could lead them to not listen to a broad argument

3. Opinions of small section

4. Little contact w parliament: limited say in what happens

Discuss the reasons for the use of delegated legislation in the English legal system

Outline what is meant by Orders in Council

• created by the privy council and includes members of the royal family and senior diplomats

• administrative: bring acts of parliament into force eg; making law to comply with EU directives & dissolving parliament before an election

• emergency laws: energy act order (2000), allowed action to be taken to force an end to blockades due to strikes. Extradition order (02): allowed extradition of terrorist suspects

Statutory instruments are one form of delegated legislation. Explain, using examples, what is meant by statutory instruments

• made by minsters, major method of law making 3000x created each year, takes form of orders or regulations

• providing there is an enabling act, SI are made by gov depts with the authority of the relevant minister

• parliament grants these powers to save time but in recognition that the head of relevant dept has expertise and support staff

• often used to update a law which is a quicker process than amending an act

  • min wage increased by SI under the powers of the National minimum wage act 1998

Explain what is meant by By-Laws

• made by local authorities with the auth of parliament, law only applies in the geographical area that the local auth is responsible for

• Dogs act (1998): allowed local auth to make by laws to designate land where allowing a doh to foul will result in a fine to the owner

• Local authorities regulations (07): local auth can nominate alcohol free zones in public place