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Law Reform - Coggle Diagram
Law Reform
political pressure:
when there is a general election, all political parties publich list of policies/suggested reforms they would carry out if elected as next government - known as party's manifesto & its one way in which party tries to persuade people to vote for it
manifesto can include: finance, education, transport and law&order
party that has most members elected to commons becomes government - party then has whole life up to 5 years to introduce reforms in manifesto
gov has major say on which new laws are put before parliament for debate
opposition parties in parliament hold gov to account when it introduces proposals - ensure manifesto promises are implemented in way they have been set out
also try in debates/parliamentary committees to amend proposed laws to ensure they are workable and not too extreme
effect of parliament acts 1911 & 1949 means that lords cannot block laws passed by commons indefinitely.
effect of salisbury convention is that lords cannot block law passed by commons based on previous manifesto commitment made by gov
ads & disads
advantages:
- political party has its proposals for reform ready & published in a manifesto during an election campaign so that if elected - electorate knows what it wishes to do in future
- if gov has majority of seats in commons, virtually everyone of its policy proposals will be passed - make the law making process efficient
- public know prior to election what broad proposals of each party are - have choice as to which set of proposals/law reforms they wish to see in place
- proposed changes to laws are debated in parliament & improvements to initial proposals can be suggested
- lords have expertise in wide rang of topics - suggestions made by lords to alter gov proposals carry considerable weight/authority/non-political
disadvantages:
- if different party is elected in general election from previous governing party - may decide to repeal/alter laws previous gov passed as its policies are likely to be different from previous gov - changes can be costly/open to criticism
- if gov has large majority of seats in commons - can force through its policy proposals
- if gov has only small majority - may be difficult/impossible to achieve changes to law/manifesto commitments
- suggestions to alter/improve proposals by experts in lords do not have to be accepted by commons/gov
- if crisis occurs e.g. COVID 19 pandemic, gov's focus will be to take measures to deal with that crisis - may differ from manifesto comments
public opinion:
opinion on an issue may be reflected through media - social media/pressure groups - an individual may ask MP to raise an issue in parliament with gov minister/department
2015 - system of online petitions was set up for individuals to have their concerns heard - enable members of the public to petition to house of commons and press for action from the government - have to ask for specific action & should be about an issue for which the commons is responsible
has to be supported by at least 6 people before it is published on the petitions site for other people to sign - will stay open on petitions website for 6 months
petitions committee will be able to decide to do any of the following:
- ask for more info in writing/person
- ask another parliamentary committee to look into topic
- put forward the issue for debate in parliament if threshold of 100,000 signatures is achieved
where there is strong public opinion about a change to law - gov may bow to opinion. more likely towards end of term for gov when election is imminent and gov wants to remain popular
ads & disads:
advantages:
- individual may express their opinion to an MP or through an online petition - gov may support campaign to change law
- individual may be successful in bringing campaign to wider audience if they can interest media to publicize it
disadvantages:
- public could be ill informed on an issue and make unreasonable opinions/unworkable demands from gov
- gov may decide to sacrifice popularity and not act on/delay acting on petition
- MPs are unlikely to be successful in introducing private members bill to act on public opinion
pressure groups:
made up of people who have special interest in subject/.cause which they try to bring to attention of general public/gov
done by campaigning & lobbying gov minister/departments responsible for an issue
two main types of pressure group:
- sectional: these represent interests of particular group of people, often workers groups/professions e.g. british medical association (doctors), trade unions (workers), law society (solicitors)
- cause: promote a particular cause - e.g. environmental groups (greenpeace), animal welfare, human rights (amnesty)
pressure groups may make gov reconsider certain areas of law - e.g. Hunting Act 04 (foxes and dogs) due to League against cruel sports
pressure groups campaign against proposed change to law - seen when gov tried to restrict right to trial by jury
lobbying: to persuade gov ministers/individual MPs to support pressure groups cause. named after practice of members of public meetings in MPs in lobbies
if group is successful in lobbying - may persuade to ask question of gov minister
backbench MP may be persuaded to use private members bill to introduce bill supporting cause - very unlikely it will be passed unless a widespread cause
ads & disads:
advantages:
- many groups with different aims & causes - wide range of issues can be drawn to attention of gov
- groups often raise important issues - environmental groups have made gov more aware of damage being done
- groups are experts when representing their members/cause - will have experts in membership to argue case
disadvantages:
- may seek to impose ideas - even where majority of public do not support views - when trade unions call strike involving public service this can disrupt general public
- may be 2 groups have conflicting interests and campaign for opposing actions
media:
media: ways in which info is supplied to public - incl tv, radio, newspapers, magazines, internet sources
can play a big role in bringing public opinion go govs attention - where an issue is given a high profile on tv/newspapers brings attention to public and may add to weight of public opinion
advantage of free press means that they are able to criticise gov policy/demand gov action - especially effective in general election where every party is keen to get support
can both represent and influence public opinion - public can make views known by contacting media sources - alternatively media may be used by gov and pressure groups to make views known and alter public opinion
examples:
- snowdrop campaign successfully used media to campaign for handguns to be banned when in aftermath of dunblane massacre 1996, gunman entered school in Scotland and killed 16 children and teacher
- dangerous dogs attacked a number of children and adults and led to dangerous dogs act 1991- introduced due to knee jerk from media
- reform of double jeopardy rule, allowing person to be tried more than once if new evidence come to light following acquittal in first trial - introduced by criminal justice act 2003 and due to media as suspects of killing Stephen Lawrence were acquitted in first trial although there was strong evidence against them
ads & disads:
advantages:
- can raise awareness of public concern on issue with gov
- public/pressure groups can utilize media to raise concern about individual accidents e.g. dunblane massacre & terror related attacks
- media can inform/raise public awareness, essential to encourage gov to form policy, act and legislate - gov ultimately responsible to electorate especially before election in fear of losing public support if not responding to public
disadvantages:
- radio/tv channels required to remain politically neutral, not hte case with newspapers or social media which are willing to promote individual views and campaigns - some papers give support regularly to political party to promote views
- no regulation on expression of views on internet or on social media
- newspapers are commercial businesses as well as may be prepared to sensationalize issue to expand readership - manipulating news and creating public opinion
ads & disads:
advantages:
- areas of law are researched by legal experts
- law commission is politically independent
- recommendations are based on research
- draft bills prepared and presented to parliament
- parliament accepts recommendation to codify an area of law - easier for lawyers/public to find & understand
- many old/irrelevant laws are removed from statute book
disadvantages:
- failure of parliament to implements its reforms - they have to wait for gov to accept report and act on it
- parliament tends to concentrate on debates on policy areas - such as health and education - rather than purely legal issues
- law commission recommende reforms to criminal law on non-fatal offences in 1993and civil law of negligence in 1998, but neither areas has been changed
- government is not bound o consult law commission before bringing in any changes into law
role & composition of law commission: full time body set up in 1965 - consists of chairman, high court judge, four other law commissioners who are experts in certain areas of law/
also researchers/draftsmen who prepare proposed bills - role of commission is to consider areas of which are believed to be in need of reform
how law commission works: topics may be referred to law commission by gov, or it may itself select areas of law in need of reform
first researches areas of law thought to be in need of reform
then publishes a consultation paper, seeking views on possible reform from lawyers/academics/anyone with an interest in area under investigation
consultation paper will suggest options for reform
following responses to consultation paper, commission will then draw up proposals for reform in researched report, often be a draft bill attached to report - can be considered by parliament
repeal of existing law: many old/unnecessary/irrelevant statutes in existence - to deal with these, law commission prepares repeals bill for parliament to considered
2015 - 19 statute acts and whole of 3000 acts have been repealed
tidyingup of statute book helps to make law more accessible
consolidation: this is to draw all ecisitng provisins together in one act to make law more accessible - they produce about 5 each year
not always successful - for example, sentencing practice/procedure was consolidated in powers of criminal courts act 2000, within few months was change by criminal justice and court services act 2000 (renamed some of community penalties & created new powers), 2003 criminal justice act made further changes, 2012 legal aid sentencing and punishment offenders act made further changes still
codification: involves bringing together all law on topic, both statutory and judicial precedent into one single law - law commission continues to press for sentencing code so that all law is in one document instead of all 4 different acts - makes law more accessible and understandable/consistency and certainty
topic for research is chosen by law commission/referred by gov > law commission researches law > law commission issues consultation paper > law commission issues final report > parliament considers report > parliament enacts an act based on report